BILL NUMBER: SB 1308	CHAPTERED  10/10/99

	CHAPTER   655
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   AUGUST 30, 1999
	AMENDED IN ASSEMBLY   AUGUST 17, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 24, 1999
	AMENDED IN SENATE   MAY 10, 1999
	AMENDED IN SENATE   APRIL 14, 1999

INTRODUCED BY   Committee on Business and Professions (Senators
Figueroa (Chair), Johannessen, Murray, O'Connell, Polanco, and
Speier)

                        MARCH 11, 1999

   An act to amend Sections 27, 101, 800, 805.5, 1601, 1640, 1641,
1642, 1686, 1701.5, 1753, 2085, 2103, 2107, 2111, 2113, 2168.2, 2277,
2475, 2499.5, 2506, 2512.5, 2513, 2520, 2532.3, 2538.1, 2565, 2566,
2566.1, 2770.2, 2770.8, 2770.11, 2770.13, 2770.14, 2843, 2895, 2960,
4022, 4043, 4057, 4078, 4102, 4115.5, 4200.5, 4202, 4402, 4518, 4548,
4927, 4929, 4929.5, 4930, 4931, 4933, 4934, 4935, 4940, 4941, 4944,
4946, 4947, 4955, 4956, 4959, 4960.5, 4961, 4963, 4964, 4966, 4967,
4972, 4973, 4975, 4977, 4979, 4990.5, and 4996.8 of, to add Sections
808.5, 1626.5, 1640.1, 1640.2, 1684, 1701.1, 4040.5, 4984.9, and
4992.8 to, to repeal Sections 2119, 2178, and 2185 of, to repeal and
amend Section 4965 of, and to repeal and add Section 2770.12 of, the
Business and Professions Code, to amend Sections 12529 and 12529.5 of
the Government Code, and to amend Section 11165 of the Health and
Safety Code, relating to healing arts, and making an appropriation
therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1308, Committee on Business and Professions.  Healing arts:
licensees.
   (1) Existing law requires various boards in the Department of
Consumer Affairs to provide information concerning the status of
licensees on the Internet.
   This bill would require these boards to provide this information
on the Internet on or after July 1, 2001, except as otherwise
provided, and would extend the applicability of this requirement to
the Board of Psychology.
   Existing law requires various boards in the Department of Consumer
Affairs to maintain a central file of the names of all persons who
hold a license, certificate, or similar authority to provide an
individual historical record for each licensee with respect to
certain crimes or judgments, and requires certain reports concerning
those licensees.
   This bill would extend those provisions to the Board of Psychology
and the Board of Behavioral Sciences.  The bill would also make
conforming changes regarding the names of the above-described boards.

   (2) Existing law, administered by the Board of Dental Examiners,
governs the practice of dentistry, and makes it unlawful for any
person to engage in the practice of dentistry unless that person has
a valid license or permit.  Existing law generally provides that any
person who practices dentistry or offers to practice dentistry, as
defined, without a license, or when the license has been revoked or
suspended is guilty of a misdemeanor for the first offense, and
guilty of a felony for the 2nd or subsequent offense.  However, under
certain conditions, students of dentistry or dental hygiene are
exempt from this requirement.
   Existing law also authorizes groups of 3 or more dentists to
practice under a fictitious name.
   Existing law authorizes a person whose license, certificate, or
permit to practice dentistry has been revoked or suspended, or who
has been placed on probation, to petition for reinstatement or
modification of the penalty.
   Existing law provides that every person to whom a special permit
to practice dentistry is issued is entitled to practice in the
specialty field in which he or she has been examined by the Board of
Dental Examiners at the dental college at which he or she is employed
and its affiliated institutions, as specified.  Existing law
requires an examination by the board for a special permit to test the
fitness of the applicant to practice the specialty recognized by the
board.
   This bill would change the name of the Board of Dental Examiners
to the Dental Board of California and make multiple changes with
respect to dentistry, among which are the following:  setting forth
additional exemptions from provisions making it unlawful to practice
dentistry without a license for students of registered dental
assisting, registered dental assisting in extended functions, and
registered dental hygiene in extended functions; revising the
above-described provisions relating to special permits to entitle
every person to whom a special permit is issued to practice in the
specialty or discipline in which he or she has been examined by the
board at the dental college at which he or she is employed and its
affiliated institutions; and authorizing a person whose license,
certificate, or permit was surrendered pursuant to a stipulated
settlement as a condition to avoid a disciplinary administrative
hearing to petition for reinstatement or modification of penalty.
   The bill would also permit individuals or pairs of dentists to
practice under fictitious names.
   The bill also would require licensed dentists and health care
facilities to comply with a request for the dental records of a
patient that is accompanied by the patient's written authorization,
as specified.  This bill would impose various civil penalties for
failure to comply.
   The bill would make failure to comply with a court order, issued
in the enforcement of a subpoena, mandating the release of records to
the board, a misdemeanor, thereby imposing a state-mandated local
program by creating a new crime.
   The bill would provide that any person who willfully, under
circumstances or conditions which cause or create risk of specified
physical or mental harm or death, practices or attempts to practice,
or advertises or holds himself or herself out as practicing dentistry
without a valid, unrevoked, and unsuspended certificate to practice
dentistry is guilty of a crime, punishable by imprisonment in a
county jail for up to one year.  By creating a new crime, the bill
would impose a state-mandated local program.
   (3) Existing law governs the practice of podiatric medicine.
   This bill would make technical changes to these provisions.
   (4) Existing law governs the practice of midwifery, and provides
for the examination and licensing of midwives.
   This bill would authorize the Division of Licensing to conduct
those examinations but authorize the division to contract for the
administration of the examination, as specified, and make related
changes with respect to the fee for the examination.
   (5) Existing law regulates the practice of nursing, including a
diversion program for registered nurses subject to disciplinary
action.  Existing law establishes diversion evaluation committees to
administer the diversion program.
   Existing law also provides for the licensure of vocational nurses
and psychiatric technicians by the Board of Vocational Nursing and
Psychiatric Technicians.  Existing law provides that the board shall
include 3 members of the public appointed by the Governor.
   This bill would revise various provisions of the diversion
program.  Among other changes, the bill would require a diversion
evaluation committee to report the name and license number of a
registered nurse who is terminated from the program and who presents
a threat to the public or his or her own health and safety to the
board's enforcement program.  The bill would make changes regarding
the confidentiality provisions of the diversion program, including
setting forth circumstances under which a nurse shall be deemed to
have waived his or her right to confidentiality.
   The bill would also increase the fees for licensing vocational
nurses and psychiatric technicians.  The bill would also specify that
the number of public members of the board appointed by the Governor
is 4.
   (6) Existing law provides for the licensure of physicians and
surgeons.  Existing law imposes various examination and educational
requirements for licensure.  Existing law specifically prohibits an
applicant for examination who fails to pass any part or parts of the
written examination after 2 attempts from being reexamined until the
applicant completes additional appropriate medical instruction, as
specified.
   This bill would revise some of the examination requirements, would
delete certain provisions regarding passing scores on a specified
examination, and would delete the provisions against reexamination
after 2 attempts to pass the written examination, as specified above.
  It would expand provisions that authorize the substitution of
postgraduate education and training to remedy deficiencies in medical
school education and training, so that certain provisions are not
limited to persons who graduated from medical school prior to 1986.
   The bill would delete a requirement of an oral examination for an
applicant to practice medicine only in connection with a faculty
position.  The bill would delete provisions that authorize hospital
service prior to being notified of the score on required
examinations.
   (7) Existing law governs the practice of speech-language pathology
and audiology.
   This bill would make technical changes to those provisions.
   (8) Existing law imposes various fees in connection with the
registration of dispensing opticians and the issuance of certificates
to dispense contact or spectacle lenses, and provides for a reduced
initial fee if the license will expire in less than one year.
   This bill would eliminate provisions for the reduced fee.
   (9) Existing law, the Acupuncture Licensure Act, regulates the
practice and licensure of acupuncture and establishes the Acupuncture
Board to enforce and administer these provisions.
   This bill would require the board to establish standards for the
approval of tutorial programs in acupuncture, as specified.  The bill
would require that an applicant for renewal of a license submit
proof of completing continuing education requirements and impose a
delinquency fee if a license is not renewed prior to, rather than
within 30 days after, expiration.  The bill would also make technical
and clarifying changes to these provisions.
   (10) Existing law provides for the regulation of the practice of
pharmacy.
   This bill would revise the definition of "dangerous drug or device"
to include drugs or devices bearing the statement "Rx only" and also
would revise the definition of "wholesaler."
   (11) Existing law prohibits false or misleading labels on
prescriptions.
   This bill would permit false labels when necessary for clinical or
investigational drug programs, or if necessary to treat the patient.
  The bill would require records to be maintained for 3 years.  Since
a violation of the pharmacy law is a crime, the bill would impose a
state-mandated local program by expanding a crime.
   The bill would revise the instances in which a pharmacist may
perform skin puncture in the performance of patient assessment
procedures.
   The bill would require applicants for registration as a pharmacy
technician to be high school graduates or to possess a general
education development equivalent, and revise the conditions under
which a pharmacy technician student may participate in an externship.

   The bill would also provide for the cancellation of licenses not
renewed within 60 days by the board, rather than by operation of law.

   (12) Existing law provides for the regulation and licensure of
marriage, family and child counselors and social workers.
   This bill would require notification of name changes to the Board
of Behavioral Sciences and make technical nonsubstantive changes.
   (13) Existing law provides for the Health Quality Enforcement
Section within the Department of Justice, to prosecute proceedings
against licensees and applicants within the jurisdiction of the
Medical Board of California.
   This bill would provide for that section to prosecute licensees
and applicants within the jurisdiction of the Board of Psychology.
   (14) Existing law requires the Department of Justice to establish
the Controlled Substance Utilization Review and Evaluation System, as
a 3-year pilot project, expiring July 1, 2000.
   This bill would expand the purposes to include statistical
analysis, education, and research, and would extend the program until
July 1, 2003, as specified.
  (15) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 27 of the Business and Professions Code is
amended to read:
   27.  (a) Every entity specified in subdivision (b), on or after
July 1, 2001, unless otherwise authorized by the Department of
Information Technology pursuant to Executive Order D-3-99, shall
provide on the Internet information regarding the status of every
license issued by that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of
Title 1.8 of Part 4 of Division 3 of the Civil Code).  The public
information to be provided on the Internet shall include information
on suspensions and revocations of licenses issued by a board and
other related enforcement action taken by a board relative to
persons, businesses, or facilities subject to licensure or regulation
by a board.  In providing information on the Internet, each entity
shall comply with the Department of Consumer Affairs Guidelines for
Access to Public Records.  The information shall not include personal
information including home address (unless used as a business
address), home telephone number, date of birth, or social security
number.
   (b) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:

   (1) The Acupuncture Committee shall disclose information on its
licensees.
   (2) The Board of Behavioral Science Examiners shall disclose
information on its licensees, including marriage, family and child
counselors; licensed clinical social workers; and licensed
educational psychologists.
   (3) The Board of Dental Examiners shall disclose information on
its licensees.
   (4) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of their licensees.
   (5) The Board for Professional Engineers and Land Surveyors shall
disclose information on its registrants and licensees.
   (6) The Structural Pest Control Board shall disclose information
on its licensees, including applicators; field representatives; and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.

   (7) The Bureau of Automotive Repair shall disclose information on
its licensees, including auto repair dealers, smog stations, lamp and
brake stations, smog check technicians, and smog inspection
certification stations.
   (8) The Bureau of Electronic and Appliance Repair shall disclose
information on its licensees, including major appliance repair
dealers, combination dealers (electronic and appliance), electronic
repair dealers, service contract sellers, and service contract
administrators.
   (9) The cemetery program shall disclose information on its
licensees, including cemetery brokers, cemetery salespersons,
crematories, and cremated remains disposers.
   (10) The funeral program shall disclose information on its
licensees, including, embalmers, funeral director establishments, and
funeral directors.
   (11) The Contractors' State License Board shall disclose
information on its licensees in accordance with Chapter 9 (commencing
with Section 7000) of Division 3.
   (12) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.
   (c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538 of the
Business and Professions Code.
  SEC. 1.1.  Section 101 of the Business and Professions Code is
amended to read:
   101.  The department is comprised of:
   (a) The Dental Board of California.
   (b) The Medical Board of California.
   (c) The State Board of Optometry.
   (d) The California State Board of Pharmacy.
   (e) The Veterinary Medical Board.
   (f) The California Board of Accountancy.
   (g) The California State Board of Architectural Examiners.
   (h) The State Board of Barbering and Cosmetology.
   (i) The Board for Professional Engineers and Land Surveyors.
   (j) The Contractors' State License Board.
   (k) The State Board of Funeral Directors and Embalmers.
   (l) The Structural Pest Control Board.
   (m) The Bureau of Home Furnishings and Thermal Insulation.
   (n) The Board of Registered Nursing.
   (o) The Board of Behavioral Sciences.
   (p) The State Athletic Commission.
   (q) The Cemetery Board.
   (r) The State Board of Guide Dogs for the Blind.
   (s) The Bureau of Security and Investigative Services.
   (t) The Court Reporters Board of California.
   (u) The Board of Vocational Nursing and Psychiatric Technicians.
   (v) The California State Board of Landscape Architects.
   (w) The Bureau of Electronic and Appliance Repair.
   (x) The Division of Investigation.
   (y) The Bureau of Automotive Repair.
   (z) The State Board of Registration for Geologists and
Geophysicists.
   (aa) The State Board of Nursing Home Administrators.
   (ab) The Respiratory Care Board.
   (ac) The Acupuncture Examining Committee.
   (ad) The Board of Psychology.
   (ae) The California Board of Podiatric Medicine.
   (af) The Physical Therapy Board.
   (ag) The Arbitration Review Program.
   (ah) The Committee on Dental Auxiliaries.
   (ai) The Hearing Aid Dispensers Examining Committee.
   (aj) The Physician Assistant Examining Committee.
   (ak) The Speech-Language Pathology and Audiology Board.
   (al) The Tax Preparers Program.
   (am) Any other boards, offices, or officers subject to its
jurisdiction by law.
  SEC. 2.  Section 800 of the Business and Professions Code is
amended to read:
   800.  (a) The Medical Board of California, the Board of
Psychology, the Dental Board of California, the Osteopathic Medical
Board of California, the Board of Chiropractic Examiners, the
California Board of Registered Nursing, the Board of Vocational
Nursing and Psychiatric Technicians, the State Board of Optometry,
the Veterinary Medical Board, the Board of Behavioral Sciences, and
the State Board of Pharmacy shall each separately create and maintain
a central file of the names of all persons who hold a license,
certificate, or similar authority from that board.  Each central file
shall be created and maintained to provide an individual historical
record for each licensee with respect to (1) any conviction of a
crime in this or any other state which constitutes unprofessional
conduct pursuant to the reporting requirements of Section 803; (2)
any judgment or settlement requiring the licensee or his or her
insurer, to pay any amount of damages in excess of three thousand
dollars ($3,000) for any claim that injury or death was proximately
caused by the licensee's negligence, error or omission in practice,
or by rendering unauthorized professional services, pursuant to the
reporting requirements of Section 801 or 802; (3) any public
complaints for which provision is hereinafter made, pursuant to
subdivision (b) of this section; (4) disciplinary information
reported pursuant to Section 805.
   (b) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
   If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.

   Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
   (c) The contents of any central file which are not public records
under any other provision of law shall be confidential except that
the licensee involved, or his or her counsel or representative, shall
have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source.  For the purposes of this section, a board
may protect an information source by providing a copy of the
material with only those deletions necessary to protect the identity
of the source or by providing a comprehensive summary of the
substance of the material.  Whichever method is used, the board shall
ensure that full disclosure is made to the subject of any personal
information that could reasonably in any way reflect or convey
anything detrimental, disparaging, or threatening to a licensee's
reputation, rights, benefits, privileges, or qualifications, or be
used by a board to make a determination that would affect a licensee'
s rights, benefits, privileges, or qualifications.
   The licensee may, but is not required to, submit any additional
exculpatory or explanatory statement or other information which the
board shall include in the central file.
   Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
   These disclosures shall effect no change in the confidential
status of these records.
  SEC. 3.  Section 805.5 of the Business and Professions Code is
amended to read:
   805.5.  (a) Prior to granting or renewing staff privileges for any
physician and surgeon, psychologist, podiatrist, or dentist, any
health facility licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code, or any health care
service plan or medical care foundation, or the medical staff of any
such institution, shall request a report from the Medical Board of
California, the Board of Psychology, the Osteopathic Medical Board of
California, or the Board of Dental Examiners to determine if any
report has been made pursuant to Section 805 indicating that the
applying physician and surgeon, psychologist, podiatrist, or dentist
has been denied staff privileges, been removed from a medical staff,
or had his or her staff privileges restricted as provided in Section
805.  The request shall include the name and California license
number of the physician and surgeon, psychologist, podiatrist, or
dentist.  Furnishing of a copy of the 805 report shall not cause the
805 report to be a public record.
   (b) Upon a request made by, or on behalf of, an institution
described in subdivision (a) or its medical staff, which is received
on or after January 1, 1980, the board shall furnish a copy of any
report made pursuant to Section 805.  However, the board shall not
send a copy of a report (1) where the denial, removal, or restriction
was imposed solely because of the failure to complete medical
records, (2) where the board has found the information reported is
without merit, or (3) where a period of three years has elapsed since
the report was submitted.
   In the event that the board fails to advise the institution within
30 working days following its request for a report required by this
section, the institution may grant or renew staff privileges for the
physician and surgeon, psychologist, podiatrist, or dentist.
   (c) Any institution described in subdivision (a) or its medical
staff which violates subdivision (a) is guilty of a misdemeanor and
shall be punished by a fine of not less than two hundred dollars
($200) nor more than one thousand two hundred dollars ($1,200).
  SEC. 4.  Section 808.5 is added to the Business and Professions
Code, to read:
   808.5.  For purposes of this article, reports affecting
psychologists required to be filed under Sections 801, 801.1, 802,
803, 803.5, and 803.6 shall be filed with the Board of Psychology of
the Department of Consumer Affairs.
  SEC. 5.  Section 1601 of the Business and Professions Code is
amended to read:
   1601.  (a) There is in the Department of Consumer Affairs Dental
Board of California in which the administration of this chapter is
vested.  The board consists of eight practicing dentists, one
registered dental hygienist, one registered dental assistant, and
four public members.  The board shall be organized into standing
committees dealing with examinations, enforcement, and other subjects
as the board deems appropriate.
  This section shall become inoperative on July 1, 2002, and, as of
January 1, 2003, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2003, deletes or extends
the dates on which it becomes inoperative and is repealed.  The
repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
   (b) For purposes of this chapter, any reference in this chapter to
the Board of Dental Examiners shall be deemed to refer to the Dental
Board of California.
  SEC. 6.  Section 1626.5 is added to the Business and Professions
Code, to read:
   1626.5.  In addition to the exemptions set forth in Section 1626,
the operations by bona fide students of registered dental assisting,
registered dental assisting in extended functions, and registered
dental hygiene in extended functions in the clinical departments or
the laboratory of an educational program or school approved by the
board, including operations by unlicensed students while engaged in
clinical externship programs that have been approved by an approved
educational program or school, and that are under the general
programmatic and academic supervision of that educational program or
school, are exempt from the operation of this chapter.
  SEC. 7.  Section 1640 of the Business and Professions Code is
amended to read:
   1640.  Any person meeting all the following eligibility
requirements may apply for a special permit examination:
   (a) Furnishing satisfactory evidence of having a pending contract
with a California dental college approved by the board as a full-time
professor, an associate professor, or an assistant professor.
   (b) Furnishing satisfactory evidence of having graduated from a
dental college approved by the board.
   (c) Furnishing satisfactory evidence of having been certified as a
diplomate of a specialty board or, in lieu thereof, establishing his
or her qualifications to take a specialty board examination or
furnishing satisfactory evidence of having completed an advanced
educational program in a discipline from a dental college approved by
the board.
   (d) Paying the fee for applicants for examination provided by this
chapter.
  SEC. 8.  Section 1640.1 is added to the Business and Professions
Code, to read:
   1640.1.  As used in this article, the following definitions shall
apply:
   (a) "Specialty" means an area of dental practice approved by the
American Dental Association and recognized by the board.
   (b) "Discipline" means an advanced dental educational program in
an area of dental practice not approved as a specialty by the
American Dental Association; but offered from a dental college
approved by the board.
   (c) "Dental college approved by the board" means a dental school
or college that is approved by the Commission on Dental Accreditation
of the American Dental Association, that is accredited by a body
that has a reciprocal accreditation agreement with that commission,
or that has been approved by the Board of Dental Examiners through
its own approval process.
  SEC. 9.  Section 1640.2 is added to the Business and Professions
Code, to read:
   1640.2.  The board shall limit the number of special permits to
practice in a discipline at a college to the number that may be
properly administered and supervised by the board.
  SEC. 10.  Section 1641 of the Business and Professions Code is
amended to read:
   1641.  The examination by the board for a special permit shall
test the fitness of the applicant to practice a specialty or
discipline recognized by the board.
  SEC. 11.  Section 1642 of the Business and Professions Code is
amended to read:
   1642.  Every person to whom a special permit is issued shall be
entitled to practice in the specialty or discipline in which he or
she has been examined by the board at the dental college at which he
or she is employed and its affiliated institutions as approved by the
board on the following terms and conditions:
   (a) The special permitholder shall file a copy of his or her
employment contract with the board.  The contract shall contain the
following provision:
   That the holder understands and acknowledges that when his or her
full-time employment is terminated at the dental college, his or her
special permit will be automatically revoked and that he or she will
voluntarily surrender the permit to the board and will no longer be
eligible to practice unless or until he or she has successfully
passed the required licensure examination as provided in Article 2
(commencing with Section 1625).
   (b) The holder shall be employed as a full-time professor, as
associate professor, or an assistant professor at a California dental
college approved by the board.  "Full-time employment" as used in
this section shall be considered a minimum of four days per week.
   (c) The holder shall be subject to all the provisions of this
chapter applicable to licensed dentists with the exception that the
special permit shall be renewed annually.
  SEC. 12.  Section 1684 is added to the Business and Professions
Code, to read:
   1684.  (a) (1) A licensee who fails or refuses to comply with a
request for the dental records of a patient, that is accompanied by
that patient's written authorization for release of record to the
board, within 15 days of receiving the request and authorization,
shall pay to the board a civil penalty of two hundred fifty dollars
($250) per day for each day that the documents have not been produced
after the 15th day, up to a maximum of five thousand dollars
($5,000) unless the licensee is unable to provide the documents
within this time period for good cause.
   (2) A health care facility shall comply with a request for the
dental records of a patient that is accompanied by that patient's
written authorization for release of records to the board together
with a notice citing this section and describing the penalties for
failure to comply with this section.  Failure to provide the
authorizing patient's dental records to the board within 30 days of
receiving this request, authorization, and notice shall subject the
health care facility to a civil penalty, payable to the board, of up
to two hundred fifty dollars ($250) per day for each day that the
documents have not been produced after the 30th day, up to a maximum
of five thousand dollars ($5,000), unless the health care facility is
unable to provide the documents within this time period for good
cause.  This paragraph shall not require health care facilities to
assist the board in obtaining the patient's authorization.  The board
shall pay the reasonable cost of copying the dental records.
   (b) (1) A licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board shall pay to the board a civil penalty of
one thousand dollars ($1,000) per day for each day that the documents
have not been produced after the date by which the court order
requires the documents to be produced, unless it is determined that
the order is unlawful or invalid.  Any statute of limitations
applicable to the filing of an accusation by the board shall be
tolled during the period the licensee is out of compliance with the
court order and during any related appeals.
   (2) Any licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board is guilty of a misdemeanor punishable by a
fine payable to the board not to exceed five thousand dollars
($5,000).  The fine shall be added to the licensee's renewal fee if
it is not paid by the next succeeding renewal date.  Any statute of
limitations applicable to the filing of an accusation by the board
shall be tolled during the period the licensee is out of compliance
with the court order and during any related appeals.
   (3) A health care facility that fails or refuses to comply with a
court order, issued in the enforcement of a subpoena, mandating the
release of patient records to the board, that is accompanied by a
notice citing this section and describing the penalties for failure
to comply with this section, shall pay to the board a civil penalty
of up to one thousand dollars ($1,000) per day for each day that the
documents have not been produced, up to ten thousand dollars
($10,000), after the date by which the court order requires the
documents to be produced, unless it is determined that the order is
unlawful or invalid.  Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
   (4) Any health care facility that fails or refuses to comply with
a court order, issued in the enforcement of a subpoena, mandating the
release of records to the board is guilty of a misdemeanor
punishable by a fine payable to the board not to exceed five thousand
dollars ($5,000).  Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
   (c) Multiple acts by a licensee in violation of subdivision (b)
shall be punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment.  Multiple acts by a
health care facility in violation of subdivision (b) shall be
punishable by a fine not to exceed five thousand dollars ($5,000) and
shall be reported to the State Department of Health Services and
shall be considered as grounds for disciplinary action with respect
to licensure, including suspension or revocation of the license or
certificate.
   (d) A failure or refusal to comply with a court order, issued in
the enforcement of a subpoena, mandating the release of records to
the board constitutes unprofessional conduct and is grounds for
suspension or revocation of his or her license.
   (e) Imposition of the civil penalties authorized by this section
shall be in accordance with the Administrative Procedure Act (Chapter
5 (commencing with Section 11500) of Division 3 of Title 2 of the
Government Code).
   (f) For the purposes of this section, a "health care facility"
means a clinic or health care facility licensed or exempt from
licensure pursuant to Division 2 (commencing with Section 1200) of
the Health and Safety Code.
  SEC. 13.  Section 1686 of the Business and Professions Code is
amended to read:
   1686.  A person whose license, certificate, or permit has been
revoked or suspended, who has been placed on probation, or whose
license, certificate, or permit was surrendered pursuant to a
stipulated settlement as a condition to avoid a disciplinary
administrative hearing, may petition the board for reinstatement or
modification of penalty, including modification or termination of
probation, after a period of not less than the following minimum
periods have elapsed from the effective date of the decision ordering
disciplinary action:
   (a) At least three years for reinstatement of a license revoked
for unprofessional conduct or surrendered pursuant to a stipulated
settlement as a condition to avoid an administrative disciplinary
hearing.
   (b) At least two years for early termination, or modification of a
condition, of a probation of three years or more.
   (c) At least one year for modification of a condition, or
reinstatement of a license revoked for mental or physical illness, or
termination, or modification of a condition, of a probation of less
than three years.
   The petition shall state any fact required by the board.
   The petition may be heard by the board, or the board may assign
the petition to an administrative law judge designated in Section
11371 of the Government Code.
   In considering reinstatement or modification or penalty, the board
or the administrative law judge hearing the petition may consider
(1) all activities of the petitioner since the disciplinary action
was taken, (2) the offense for which the petitioner was disciplined,
(3) the petitioner's activities during the time the license,
certificate, or permit was in good standing, and (4) the petitioner's
rehabilitative efforts, general reputation for truth, and
professional ability.  The hearing may be continued from time to time
as the board or the administrative law judge as designated in
Section 11371 of the Government Code finds necessary.
   The board or the administrative law judge may impose necessary
terms and conditions on the licentiate in reinstating a license,
certificate, or permit or modifying a penalty.
   No petition under this section shall be considered while the
petitioner is under sentence for any criminal offense, including any
period during which the petitioner is on court-imposed probation or
parole.  No petition shall be considered while there is an accusation
or petition to revoke probation pending against the person.  The
board may deny without a hearing or argument any petition filed
pursuant to this section within a period of two years from the
effective date of the prior decision following a hearing under this
section.
   Nothing in this section shall be deemed to alter Sections 822 and
823.
  SEC. 14.  Section 1701.1 is added to the Business and Professions
Code, to read:
   1701.1.  Any person who willfully, under circumstances or
conditions which cause or create risk of bodily harm, serious
physical or mental illness, or death, practices or attempts to
practice, or advertises or holds himself or herself out as practicing
dentistry without having at the time of so doing a valid, unrevoked,
and unsuspended certificate as provided in this chapter, or without
being authorized to perform that act pursuant to a certificate
obtained in accordance with some other provision of law, is guilty of
a crime, punishable by
imprisonment in a county jail for up to one year.
   The remedy provided in this section shall not preclude any other
remedy provided by law.
  SEC. 15.  Section 1701.5 of the Business and Professions Code is
amended to read:
   1701.5.  Any association or partnership or corporation or group of
three or more dentists, engaging in practice under any name that
would otherwise be in violation of Section 1701 may practice under
this name if, and only if, the association, partnership, corporation
or group holds an outstanding, unexpired, unsuspended, and unrevoked
permit issued by the board under this section.  On and after July 1,
1995, any individual dentist or pair of dentists engaging in the
practice of dentistry under any name that would otherwise be in
violation of Section 1701 may practice under that name if and only if
the dentist or pair of dentists hold an outstanding, unexpired,
unsuspended, and unrevoked permit issued by the board under this
section.  The board shall issue written permits authorizing the
holder to use a name specified in the permit in connection with the
holder's practice if, and only if, the board finds to its
satisfaction that:
   (a) The applicant or applicants are duly licensed dentists.
   (b) The place or establishment, or the portion thereof, where the
applicant or applicants practice, is owned or leased by the applicant
or applicants, and the practice conducted at the place or
establishment, or portion thereof, is wholly owned and entirely
controlled by the applicant or applicants.
   (c) The name that the applicant or applicants propose to operate
contains at least one of the following designations:  "dental group,"
"dental practice," or "dental office" and contains the family name
of one or more of the past, present, or prospective associates,
partners, shareholders, or members of the group, and is in conformity
with Section 651 and subdivisions (i) and (l) of Section 1680.
   (d) All licensed persons practicing at the location designated in
the application hold valid and outstanding licenses and that no
charges of unprofessional conduct are pending against any persons
practicing at that location.
   Permits issued under this section by the board shall expire and
become invalid unless renewed at the times and in the manner provided
for the renewal of certificates issued under this chapter.
   Any permits issued under this section may be revoked or suspended
at any time that the board finds that any one of the requirements for
original issuance of a permit is no longer being fulfilled by the
holder to whom the permit was issued.  Proceedings for revocation or
suspension shall be governed by the Administrative Procedure Act.
   In the event charges of unprofessional conduct are filed against
the holder of a permit issued under this section, or a member of an
association or partnership or a member of a group or corporation to
whom a permit has been issued under this section, proceedings shall
not be commenced for revocation or suspension of the permit until
final determination of the charges of unprofessional conduct and
unless the charges have resulted in revocation or suspension of
license.
  SEC. 16.  Section 1753 of the Business and Professions Code is
amended to read:
   1753.  The board shall license as a registered dental assistant a
person who submits written evidence, satisfactory to the board, of
either one of the following requirements:
   (a) Graduation from an educational program in dental assisting
approved by the board, and satisfactory performance on a written
examination required by the board.  On and after January 1, 1984,
every applicant seeking licensure as a registered dental assistant
pursuant to this subdivision shall provide evidence of his or her
satisfactory performance on a written and practical examination
required by the board.
   (b) Satisfactory work experience of more than 18 months as a
dental assistant in California or another state and satisfactory
performance on a written examination required by the board.  The
board shall give credit toward the 18 months work experience referred
to in this subdivision to persons who have graduated from a dental
assisting program in a postsecondary institution approved by the
Department of Education or in a secondary institution, regional
occupational center, or regional occupational program, that are not,
however, approved by the board pursuant to subdivision (a).  Such
credit shall equal the total weeks spent in classroom training and
internship on a week-for-week basis not to exceed 16 weeks.  The
board, in cooperation with the Superintendent of Public Instruction,
shall establish the minimum criteria for the curriculum of such
nonboard-approved programs.  Additionally, the board shall notify
those programs only if the program's curriculum does not meet
established minimum criteria, as established for board-approved
registered dental assistant programs, except any requirement that the
program be given in a postsecondary institution.  Graduates of
programs not meeting established minimum criteria shall not qualify
for satisfactory work experience as defined by this section.  In
addition, on and after January 1, l984, every applicant seeking
licensure as a registered dental assistant pursuant to this
subdivision shall provide evidence of his or her satisfactory
performance in a written and practical examination required by the
board.
   The Committee on Dental Auxiliaries shall review and report to the
board, on or before January 1, 1982, on the number of
nonboard-approved programs in existence and the minimum criteria
recommended for nonboard-approved programs.
  SEC. 17.  Section 2085 of the Business and Professions Code is
amended to read:
   2085.  (a) Notwithstanding Section 2084, a graduate of an approved
medical school located in the United States or Canada who has
graduated from a special medical school program that does not
substantially meet the requirements of Section 2089 with respect to
any aspect of curriculum length or content may be approved by the
Division of Licensing if the division determines that the applicant
has otherwise received adequate instruction in the subjects listed in
subdivision (b) of Section 2089.
   "Adequate instruction" means the applicant has received
instruction adequate to prepare the applicant to engage in the
practice of medicine in the United States.  This definition applies
to the sufficiency of instruction of the following courses:
   (1) Anatomy, including gross anatomy, embryology, histology, and
neuroanatomy.
   (2) Bacteriology and immunology.
   (3) Biochemistry.
   (4) Pathology.
   (5) Pharmacology.
   (6) Physiology.
   The division may require an applicant under this section to
undertake additional education to bring up to standard, instruction
in the subjects listed in subdivision (b) of Section 2089 as a
condition of issuing a physician and surgeon's certificate.  In
approving an applicant under this section, the division may take into
account the applicant's total relevant academic experience,
including performance on standardized national examinations.
   (b) (1) Notwithstanding subdivision (a) or Sections 2084 and 2089,
an applicant who is a graduate of an approved medical school located
in the United States or Canada who has graduated from a special
medical school program that does not substantially meet the
requirements of Section 2089 with respect to any aspect of curriculum
length or content shall be presumed to meet the requirements of
Sections 2084 and 2089 if the special medical school program has been
reviewed and approved by a national accrediting agency approved by
the division and recognized by the United States Department of
Education.
   (2) This presumption may be overcome upon a finding by the
division that the medical education received by the applicant is not
the educational equivalent of the medical education received by
graduates of medical schools approved pursuant to subdivision (a) or
Section 2084.  In making its finding, the division shall consider, at
a minimum, the applicant's total academic and medical training
experience prior to, and following, as well as during, medical
school, the applicant's performance on standardized national
examinations, including the National Board Examinations, the
applicant's achievements as a house staff officer, and the number of
years of postgraduate medical training completed by the applicant.
   (3) An applicant under this subdivision who (A) has satisfactorily
completed at least two years of postgraduate clinical training
approved by the Accreditation Council for Graduate Medical Education
or the Coordinating Council of Medical Education of the Canadian
Medical Association and whose postgraduate training has included at
least one year of clinical contact with patients and (B) has achieved
a passing score on the written examination required for licensure,
satisfies the requirements of Sections 2084 and 2089.  For purposes
of this subdivision, an applicant who has satisfactorily completed at
least two years of approved postgraduate clinical training on or
before July 1, 1987, shall not be required to have at least one year
of clinical contact with patients.
   (4) Applicants under this subdivision who apply after
satisfactorily completing one year of approved postgraduate training
shall have their applications reviewed by the division and shall be
informed by the division either that satisfactory completion of a
second year of approved postgraduate training will result in their
being deemed to meet the requirements of Sections 2084 and 2089, or
informed of any deficiencies in their qualifications or documentation
and the specific remediation, if any, required by the division to
meet the requirements of Sections 2084 and 2089.  Upon satisfactory
completion of the specified remediation, the division shall promptly
issue a license to the applicant.
  SEC. 18.  Section 2103 of the Business and Professions Code is
amended to read:
   2103.  An applicant who is a citizen of the United States shall be
eligible for a physician's and surgeon's certificate if he or she
has completed the following requirements:
   (a) Official transcripts or other official evidence satisfactory
to the Division of Licensing of compliance with Section 2088.
   (b) Official evidence satisfactory to the division of completion
of a resident course or professional instruction equivalent to that
required in Section 2089 in a medical school located outside the
United States or Canada.  However, nothing in this section shall be
construed to require the division to evaluate for equivalency any
coursework obtained at a medical school disapproved by the division
pursuant to Article 4 (commencing with Section 2080).
   (c) Official evidence satisfactory to the division of completion
of all formal requirements of the medical school for graduation,
except the applicant shall not be required to have completed an
internship or social service or be admitted or licensed to practice
medicine in the country in which the professional instruction was
completed.
   (d) Attained a score satisfactory to an approved medical school on
a qualifying examination acceptable to the division.
   (e) Successful completion of one academic year of supervised
clinical training in a program approved by the division pursuant to
Section 2104.  The division shall also recognize as compliance with
this subdivision the successful completion of a one-year supervised
clinical medical internship operated by a medical school pursuant to
Chapter 85 of the Statutes of 1972 and as amended by Chapter 888 of
the Statutes of 1973 as the equivalent of the year of supervised
clinical training required by this section.
   (1) Training received in the academic year of supervised clinical
training approved pursuant to Section 2104 shall be considered as
part of the total academic curriculum for purposes of meeting the
requirements of Sections 2089 and 2089.5.
   (2) An applicant who has passed the basic science and English
language examinations required for certification by the Educational
Commission for Foreign Medical Graduates may present evidence of
those passing scores along with a certificate of completion of one
academic year of supervised clinical training in a program approved
by the division pursuant to Section 2104 in satisfaction of the
formal certification requirements of subdivision (b) of Section 2102.

   (f) Satisfactory completion of the postgraduate training required
under Section 2096.
   (g) Passed the written examination required for certification as a
physician and surgeon in this chapter.
  SEC. 19.  Section 2107 of the Business and Professions Code is
amended to read:
   2107.  (a) The Legislature intends that the Division of Licensing
shall have the authority to substitute postgraduate education and
training to remedy deficiencies in an applicant's medical school
education and training.  The Legislature further intends that
applicants who substantially completed their clinical training shall
be granted that substitute credit if their postgraduate education
took place in an accredited program.
   (b) To meet the requirements for licensure set forth in Sections
2089 and 2089.5, the Division of Licensing may require an applicant
under this article to successfully complete additional education and
training.  In determining the content and duration of the required
additional education and training, the division shall consider the
applicant's medical education and performance on standardized
national examinations, and may substitute up to 36 weeks of approved
postgraduate training in lieu of specified undergraduate
requirements.  Postgraduate training substituted for undergraduate
training shall be in addition to the year of postgraduate training
required by Sections 2102 and 2103.
   (c) In addition, the division shall accept certified postgraduate
training in a program approved by the American Accreditation
Committee for Graduate Medical Education or the Coordinating Council
of Medical Education of Canada in lieu of undergraduate work in the
same subject for any applicant who meets the following criteria:
   (1) Successful completion of at least 60 weeks of clinical
instruction while in medical school.
   (2) Completion of clinical instruction which does not meet, in
whole or in part, the requirements of Section 2089.5.
   Certification of this training shall be made by the program's
Director of Medical Education, and shall state that the applicant has
satisfactorily completed postgraduate training in the subject areas
for which the applicant seeks undergraduate credit and for a duration
required by Section 2089.5.  Postgraduate training substituted for
undergraduate training shall be in addition to the year of
postgraduate training required by Sections 2102 and 2103.
  SEC. 20.  Section 2111 of the Business and Professions Code is
amended to read:
   2111.  (a) Physicians who are not citizens but who meet the
requirements of subdivision (b), are legally admitted to the United
States, and who seek postgraduate study in an approved medical school
may, after receipt of an appointment from the dean of the California
medical school and application to and approval by the Division of
Licensing, be permitted to participate in the professional activities
of the department in the medical school to which they are appointed.
  The physician shall be under the direction of the head of the
department to which he or she is appointed, and shall be known for
these purposes as a "Section 2111 guest physician."
   (b) (1) Application for approval shall be made on a form
prescribed by the division.  The application shall show that the
person does not immediately qualify for a physician and surgeon
certificate under this chapter and that the person has completed at
least three years of postgraduate basic residency requirements.
   (2) Approval shall be granted for a maximum of three years and
shall be renewed annually.  Renewal shall be granted subject to the
discretion of the division.  Notwithstanding the limitations in this
subdivision on the length of the approval, a Section 2111 guest
physician may apply for, and the division may in its discretion
grant, not more than two extensions of that approval.  An extension
may be granted only if the dean of the California medical school has
provided justification that the extension is necessary and the person
holds a certificate issued by the Educational Commission for Foreign
Medical Graduates.
   (c) Except to the extent authorized by this section, the visiting
physician may not engage in the practice of medicine, bill for his or
her medical services, or otherwise receive compensation therefor.
The time spent under appointment in a medical school pursuant to this
section may not be used to meet the requirements for licensure under
Section 2102.
   (d) Nothing in this section shall preclude any United States
citizen who has received his or her medical degree from a medical
school located in a foreign country from participating in any program
established pursuant to this section.
  SEC. 21.  Section 2113 of the Business and Professions Code is
amended to read:
   2113.  (a) Any person who does not immediately qualify for a
physician's and surgeon's certificate under this chapter and who is
offered by the dean of an approved medical school in this state a
full-time faculty position may, after application to and approval by
the Division of Licensing, be granted a certificate of registration
to engage in the practice of medicine only to the extent that the
practice is incident to and a necessary part of his or her duties as
approved by the division in connection with the faculty position.
   (b) To qualify for the certificate an applicant shall meet all the
following requirements:
   (1) Furnish documentary evidence satisfactory to the division that
the applicant is a United States citizen or is legally admitted to
the United States.
   (2) If the applicant is a graduate of a medical school other than
in the United States or Canada, furnish documentary evidence
satisfactory to the division that he or she has been licensed to
practice medicine and surgery for not less than four years in another
state or country whose requirements for licensure are satisfactory
to the division, or has been engaged in the practice of medicine in
the United States for at least four years in approved facilities, or
has completed a combination of that licensure and training.
   If the applicant is a graduate of an approved medical school in
the United States or Canada, furnish documentary evidence that he or
she has completed a resident course of professional instruction as
required in Section 2089.
   (3) The head of the department in which the applicant is to be
appointed shall certify in writing to the division that the applicant
will be under his or her direction and will not be permitted to
practice medicine unless incident to and a necessary part of the
applicant's duties as approved by the division in subdivision (a).
   (4) Submit an application on a form prescribed by the division.
   (5) The dean of the medical school shall demonstrate that the
applicant has the requisite qualifications to assume the position to
which he or she is to be appointed.
   (c) A certificate of registration is valid for one year after its
issuance.  During this period the division may require the registrant
to take the written examination required for issuance of a physician'
s and surgeon's certificate.  If the registrant is required to take
the written examination and does not pass, the certificate of
registration shall nevertheless be effective for the one-year period
issued and if the effective period of the certificate will lapse
before the examination may be retaken, the certificate of
registration may be renewed, subject to the discretion of the
division, for a period not to exceed one additional year.
   If the registrant is not required to take the written examination
in order to be issued a certificate of registration or has passed
that examination, the certificate of registration may be renewed
annually at the discretion of the division for a total period of five
years from the date of issuance of the original certificate,
provided, however, that the division, may in its discretion refuse to
renew a certificate of registration if the registrant is a graduate
of a medical school other than in the United States or Canada and has
not, within two years after registration, been issued a certificate
by the Educational Commission for Foreign Medical Graduates.  The
division may condition any renewal on passing the written examination
as described in this subdivision.
   (d) If the registrant is a graduate of a medical school other than
in the United States or Canada, he or she shall meet the
requirements of Section 2102 or 2135, as appropriate, in order to
obtain a physician's and surgeon's certificate.  Notwithstanding any
other provision of law, the division may accept practice in an
appointment pursuant to this section as qualifying time to meet the
postgraduate training requirements in Section 2102, and may, in its
discretion, waive the examination and the Educational Commission for
Foreign Medical Graduates certification requirements specified in
Section 2102 in the event the registrant applies for a physician's
and surgeon's certificate.  As a condition to waiving any examination
or the Educational Commission for Foreign Medical Graduates
certification requirement, the division in its discretion, may
require an applicant to pass the clinical competency examination
referred to in subdivision (d) of Section 2135.  The division shall
not waive any examination for an applicant who has not completed at
least one year in the faculty position.
   (e) Except to the extent authorized by this section, the
registrant shall not engage in the practice of medicine or receive
compensation therefor, unless he or she is issued a physician's and
surgeon's certificate.
  SEC. 22.  Section 2119 of the Business and Professions Code is
repealed.
  SEC. 23.  Section 2168.2 of the Business and Professions Code is
amended to read:
   2168.2.  An application for a special faculty permit shall be made
on a form prescribed by the Division of Licensing and shall include
any information that the Division of Licensing may prescribe to
establish an applicant's eligibility for a permit.  This information
shall include, but is not limited to, the following:
   (a) A statement from the dean of the medical school at which the
applicant will be employed describing the applicant's qualifications
and justifying the dean's determination that the applicant is
academically eminent.
   (b) A statement by the dean of the medical school listing every
affiliated institution in which the applicant will be providing
instruction as part of the medical school's educational program and
justifying any clinical activities at each of the institutions listed
by the dean.
  SEC. 24.  Section 2178 of the Business and Professions Code is
repealed.
  SEC. 24.5.  Section 2185 of the Business and Professions Code is
repealed.
  SEC. 25.  Section 2277 of the Business and Professions Code is
amended to read:
   2277.  Unless the holder of any certificate provided for in this
chapter has been granted the degree of doctor of podiatric medicine
after the completion of a full course of study as prescribed by a
school or college of podiatric medicine in accordance with the
provisions of this chapter, the use of the term or suffix "D.P.M."
constitutes unprofessional conduct.
  SEC. 26.  Section 2475 of the Business and Professions Code, as
amended by Section 19 of Chapter 736 of the Statutes of 1998, is
amended to read:
   2475.  (a) Unless otherwise provided by law, no postgraduate
trainee, intern, resident postdoctoral fellow, or instructor may
engage in the practice of podiatric medicine, or receive compensation
therefor, or offer to engage in the practice of podiatric medicine
unless he or she holds a valid, unrevoked, and unsuspended
certificate to practice podiatric medicine issued by the division.
However, a graduate of an approved college or school of podiatric
medicine upon whom the degree doctor of podiatric medicine has been
conferred, who is issued a limited license, which may be renewed
annually for up to four years, for this purpose by the division upon
recommendation of the board, and who is enrolled in a postgraduate
training program approved by the board, may engage in the practice of
podiatric medicine whenever and wherever required as a part of that
program under the following conditions:
   (1) A graduate with a limited license in an approved internship,
residency, or fellowship program may participate in training
rotations outside the scope of podiatric medicine, under the
supervision of a physician and surgeon who holds a medical doctor or
doctor of osteopathy degree wherever and whenever required as a part
of the training program, and may receive compensation for that
practice.  If the graduate fails to receive a license to practice
podiatric medicine under this chapter within two years from the
commencement of the postgraduate training, all privileges and
exemptions under this section shall automatically cease.
   (2) Podiatric hospitals functioning as a part of the teaching
program of an approved college or school of podiatric medicine in
this state may exchange instructors or resident or assistant resident
podiatrists with another approved college or school of podiatric
medicine not located in this state, or those hospitals may appoint a
graduate of an approved school as such a resident for purposes of
postgraduate training.  Those instructors and residents may practice
and be compensated as provided in paragraph (1), but that practice
and compensation shall be for a period not to exceed one year.
   (b) This section shall become inoperative on July 1, 2000, and as
of January 1, 2001, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2001, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 27.  Section 2475 of the Business and Professions Code, as
amended by Section 20 of Chapter 736 of the Statutes of 1998, is
amended to read:
   2475.  (a) Unless otherwise provided by law, no postgraduate
trainee, intern, resident postdoctoral fellow, or instructor may
engage in the practice of podiatric medicine, or receive compensation
therefor, or offer to engage in the practice of podiatric medicine
unless he or she holds a valid, unrevoked, and unsuspended
certificate to practice podiatric medicine issued by the
                               division.  However, a graduate of an
approved college or school of podiatric medicine upon whom the degree
doctor of podiatric medicine has been conferred, who is enrolled in
a postgraduate training program approved by the board, may engage in
the practice of podiatric medicine whenever and wherever required as
a part of that program under the following conditions:
   (1) A graduate in an approved internship, residency, or fellowship
program may participate in training rotations outside the scope of
podiatric medicine, under the supervision of a physician and surgeon
who holds a medical doctor or doctor of osteopathy degree wherever
and whenever required as a part of the training program, and may
receive compensation for that practice.  If the graduate fails to
receive a license to practice podiatric medicine under this chapter
within two years from the commencement of the postgraduate training,
all privileges and exemptions under this section shall automatically
cease.
   (2) Podiatric hospitals functioning as a part of the teaching
program of an approved college or school of podiatric medicine in
this state may exchange instructors or resident or assistant resident
podiatrists with another approved college or school of podiatric
medicine not located in this state, or those hospitals may appoint a
graduate of an approved school as such a resident for purposes of
postgraduate training.  Those instructors and residents may practice
and be compensated as provided in paragraph (1), but that practice
and compensation shall be for a period not to exceed one year.
   (b) This section shall become operative on July 1, 2000.
  SEC. 28.  Section 2499.5 of the Business and Professions Code is
amended to read:
   2499.5.  The following fees apply to certificates to practice
podiatric medicine.  The amount of fees prescribed for doctors of
podiatric medicine shall be those set forth in this section unless a
lower fee is established by the board in accordance with Section
2499.6.  Fees collected pursuant to this section shall be fixed by
the board in amounts not to exceed the actual costs of providing the
service for which the fee is collected.
   (a) Each applicant for a certificate to practice podiatric
medicine shall pay an application fee of twenty dollars ($20) at the
time the application is filed.  If the applicant qualifies for a
certificate, he or she shall pay a fee which shall be fixed by the
board at an amount not to exceed one hundred dollars ($100) nor less
than five dollars ($5) for the issuance of the certificate.
   (b) The oral examination fee shall be seven hundred dollars
($700), or the actual cost, whichever is lower, and shall be paid by
each applicant.  If the applicant's credentials are insufficient or
if the applicant does not desire to take the examination, and has so
notified the board 30 days prior to the examination date, only the
examination fee is returnable to the applicant.  The board may charge
an examination fee for any subsequent reexamination of the
applicant.
   (c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required by
this section, shall pay an initial license fee.  The initial license
fee shall be eight hundred dollars ($800).  The initial license shall
expire the second year after its issuance on the last day of the
month of birth of the licensee.  The board may reduce the initial
license fee by up to 50 percent of the amount of the fee for any
applicant who is enrolled in a postgraduate training program approved
by the board or who has completed a postgraduate training program
approved by the board within six months prior to the payment of the
initial license fee.
   (d) The biennial renewal fee shall be eight hundred dollars
($800).  Any licensee enrolled in an approved residency program shall
be required to pay only 50 percent of the biennial renewal fee at
the time of his or her first renewal.
   (e) The delinquency fee is one hundred fifty dollars ($150).
   (f) The duplicate wall certificate fee is forty dollars ($40).
   (g) The duplicate renewal receipt fee is forty dollars ($40).
   (h) The endorsement fee is thirty dollars ($30).
   (i) The letter of good standing fee or for loan deferment is
thirty dollars ($30).
   (j) There shall be a fee of sixty dollars ($60) for the issuance
of a limited license under Section 2475.
   (k) The filing fee to appeal the failure of an oral examination
shall be twenty-five dollars ($25).
   (l) The fee for approval of a continuing education course or
program shall be one hundred dollars ($100).
  SEC. 29.  Section 2506 of the Business and Professions Code is
amended to read:
   2506.  As used in this article the following definitions shall
apply:
   (a) "Board" means the Division of Licensing of the Medical Board
of California.
   (b) "Licensed midwife" means an individual to whom a license to
practice midwifery has been issued pursuant to this article.
   (c) "Certified nurse-midwife" means a person to whom a certificate
has been issued pursuant to Article 2.5 (commencing with Section
2746) of Chapter 6.
   (d) "Accrediting organization" means an organization approved by
the board.
  SEC. 30.  Section 2512.5 of the Business and Professions Code is
amended to read:
   2512.5.  A person is qualified for a license to practice midwifery
when he or she satisfies one of the following requirements:
   (a) (1) Successful completion of a three-year postsecondary
midwifery education program accredited by an accrediting organization
approved by the board.  Upon successful completion of the education
requirements of this article, the applicant shall successfully
complete a comprehensive licensing examination adopted by the board
which is equivalent, but not identical, to the examination given by
the American College of Nurse Midwives.  The examination for
licensure as a midwife may be conducted by the Division of Licensing
under a uniform examination system, and the division may contract
with organizations to administer the examination in order to carry
out this purpose.  The Division of Licensing may, in its discretion,
designate additional written examinations for midwifery licensure
that the division determines are equivalent to the examination given
by the American College of Nurse Midwives.
   (2) The midwifery education program curriculum shall consist of
not less than 84 semester units or 126 quarter units.  The course of
instruction shall be presented in semester or quarter units under the
following formula:
   (A) One hour of instruction in the theory each week throughout a
semester or quarter equals one unit.
   (B) Three hours of clinical practice each week throughout a
semester or quarter equals one unit.
   (3) The midwifery education program shall provide both academic
and clinical preparation equivalent, but not identical to that
provided in programs accredited by the American College of Nurse
Midwives, which shall include, but not be limited to, preparation in
all of the following areas:
   (A) The art and science of midwifery, one-half of which shall be
in theory and one-half of which shall be in clinical practice.
Theory and clinical practice shall be concurrent in the areas of
maternal and child health, including, but not limited to, labor and
delivery, neonatal well care, and postpartum care.
   (B) Communications skills that include the principles of oral,
written, and group communications.
   (C) Anatomy and physiology, genetics, obstetrics and gynecology,
embryology and fetal development, neonatology, applied microbiology,
chemistry, child growth and development, pharmacology, nutrition,
laboratory diagnostic tests and procedures, and physical assessment.

   (D) Concepts in psychosocial, emotional, and cultural aspects of
maternal and child care, human sexuality, counseling and teaching,
maternal and infant and family bonding process, breast feeding,
family planning, principles of preventive health, and community
health.
   (E) Aspects of the normal pregnancy, labor and delivery,
postpartum period, newborn care, family planning or routine
gynecological care in alternative birth centers, homes, and
hospitals.
   (F) The following shall be integrated throughout the entire
curriculum:
   (i) Midwifery process.
   (ii) Basic intervention skills in preventive, remedial, and
supportive midwifery.
   (iii) The knowledge and skills required to develop collegial
relationships with health care providers from other disciplines.
   (iv) Related behavioral and social sciences with emphasis on
societal and cultural patterns, human development, and behavior
related to maternal and child health, illness, and wellness.
   (G) Instruction shall also be given in personal hygiene, client
abuse, cultural diversity, and the legal, social, and ethical aspects
of midwifery.
   (H) The program shall include the midwifery management process,
which shall include all of the following:
   (i) Obtaining or updating a defined and relevant data base for
assessment of the health status of the client.
   (ii) Identifying problems based upon correct interpretation of the
data base.
   (iii) Preparing a defined needs or problem list, or both, with
corroboration from the client.
   (iv) Consulting, collaborating with, and referring to, appropriate
members of the health care team.
   (v) Providing information to enable clients to make appropriate
decisions and to assume appropriate responsibility for their own
health.
   (vi) Assuming direct responsibility for the development of
comprehensive, supportive care for the client and with the client.
   (vii) Assuming direct responsibility for implementing the plan of
care.
   (viii) Initiating appropriate measures for obstetrical and
neonatal emergencies.
   (ix) Evaluating, with corroboration from the client, the
achievement of health care goals and modifying the plan of care
appropriately.
   (b) Successful completion of an educational program that the board
has determined satisfies the criteria of subdivision (a) and current
licensure as a midwife by a state with licensing standards that have
been found by the board to be equivalent to those adopted by the
board pursuant to this article.
  SEC. 31.  Section 2513 of the Business and Professions Code is
amended to read:
   2513.  (a) An approved midwifery education program shall offer the
opportunity for students to obtain credit by examination for
previous midwifery education and clinical experience.  The applicant
shall demonstrate, by practical examination, the clinical
competencies described in Section 2514 or established by regulation
pursuant to Section 2514.5.  The midwifery education program's credit
by examination policy shall be approved by the board, and shall be
available to applicants upon request.  The proficiency and practical
examinations shall be approved by the board.
   (b) Completion of clinical experiences shall be verified by a
licensed midwife or certified nurse-midwife, and a physician and
surgeon, all of whom shall be current in the knowledge and practice
of obstetrics and midwifery.  Physicians and surgeons, licensed
midwives, and certified nurse-midwives who participate in the
verification and evaluation of an applicant's clinical experiences
shall show evidence of current practice.  The method used to verify
clinical experiences shall be approved by the board.
   (c) Upon successful completion of the requirements of paragraphs
(1) and (2), the applicant shall also complete the licensing
examination described in paragraph (1) of subdivision (a) of Section
2512.5.
  SEC. 32.  Section 2520 of the Business and Professions Code is
amended to read:
   2520.  (a) (1) The fee to be paid upon the filing of a license
application shall be fixed by the board at not less than seventy-five
dollars ($75) nor more than three hundred dollars ($300).
   (2) The fee for renewal of the midwife license shall be fixed by
the board at not less than fifty dollars ($50) nor more than two
hundred dollars ($200).
   (3) The delinquency fee for renewal of the midwife license shall
be 50 percent of the renewal fee in effect on the date of the renewal
of the license, but not less than twenty-five dollars ($25) nor more
than fifty dollars ($50).
   (4) The fee for the examination shall be the cost of administering
the examination to the applicant, as determined by the organization
that has entered into a contract with the Division of Licensing for
the purposes set forth in subdivision (a) of Section 2512.5.
Notwithstanding subdivision (b), that fee may be collected and
retained by that organization.
   (b) The fees prescribed by this article shall be deposited in the
Licensed Midwifery Fund, which is hereby established, and shall be
available, upon appropriation, to the board for the purposes of this
article.
  SEC. 33.  Section 2532.3 of the Business and Professions Code is
amended to read:
   2532.3.  (a) Upon approval of an application filed pursuant to
Section 2532.1, and upon the payment of the fee prescribed by
subdivision (i) of Section 2534.2, the board may issue a temporary
license for a period of six months from the date of issuance to a
speech-language pathologist or audiologist who holds an unrestricted
license from another state or territory of the United States or who
holds equivalent qualifications as determined by the board and has
made application to the board for a license in this state.
   (b) A temporary license shall terminate upon notice thereof by
certified mail, return receipt requested, if it is issued by mistake
or if the application for permanent licensure is denied.
   (c) Upon written application, the board may reissue a temporary
license to any person who has applied for a regular renewable license
pursuant to Section 2532.1, and who, in the judgment of the board,
has been excusably delayed in completing his or her application or
the minimum requirements for a regular license.  The board may not
reissue a temporary license more than twice to any one person.
  SEC. 33.2.  Section 2538.1 of the Business and Professions Code is
amended to read:
   2538.1.  (a) The board shall adopt regulations, in collaboration
with the State Department of Education, the Commission on Teacher
Credentialing, and the Advisory Commission on Special Education, that
set forth standards and requirements for the adequate supervision of
speech-language pathology assistants.
   (b) The board shall adopt regulations as reasonably necessary to
carry out the purposes of this article, that shall include, but need
not be limited to, the following:
   (1) Procedures and requirements for application, registration,
renewal, suspension, and revocation.
   (2) Standards for approval of Associate Degree Speech-Language
Pathology Assistant training programs based upon standards and
curriculum guidelines established by the National Council on Academic
Accreditation in Audiology and Speech-Language Pathology, or the
American Speech-Language-Hearing Association, or equivalent formal
training programs consisting of two years of technical education,
including supervised field placements.
   (3) The scope of responsibility, duties, and functions of
speech-language pathology assistants, that shall include, but not be
limited to, all of the following:
   (A) Conducting speech-language screening, without interpretation,
and using screening protocols developed by the supervising
speech-language pathologist.
   (B) Providing direct treatment assistance to patients or clients
under the supervision of a speech-language pathologist.
   (C) Following and implementing documented treatment plans or
protocols developed by a supervising speech-language pathologist.
   (D) Documenting patient or client progress toward meeting
established objectives, and reporting the information to a
supervising speech-language pathologist.
   (E) Assisting a speech-language pathologist during assessments,
including, but not limited to, assisting with formal documentation,
preparing materials, and performing clerical duties for a supervising
speech-language pathologist.
   (F) When competent to do so, as determined by the supervising
speech-language pathologist, acting as an interpreter for
non-English-speaking patients or clients and their family members.
   (G) Scheduling activities and preparing charts, records, graphs,
and data.
   (H) Performing checks and maintenance of equipment, including, but
not limited to, augmentative communication devices.
   (I) Assisting with speech-language pathology research projects,
in-service training, and family or community education.
   The regulations shall provide that speech-language pathology
assistants are not authorized to conduct evaluations, interpret data,
alter treatment plans, or perform any task without the express
knowledge and approval of a supervising speech-language pathologist.

   (4) The requirements for the wearing of distinguishing name badges
with the title of speech-language pathology assistant.
   (5) Minimum continuing professional development requirements for
the speech-language pathology assistant, not to exceed 12 hours in a
two-year period.  The speech-language pathology assistant's
supervisor shall act as a professional development advisor.  The
speech-language pathology assistant's professional growth may be
satisfied with successful completion of state or regional
conferences, workshops, formal in-service presentations, independent
study programs, or any combination of these concerning communication
and related disorders.
   (6) Minimum continuing professional development requirements for
the supervisor of a speech-language pathology assistant.
   (7) The type and amount of direct and indirect supervision
required for speech-language pathology assistants.
   (8) The maximum number of assistants permitted per supervisor.
   (9) A requirement that the supervising speech-language pathologist
shall remain responsible and accountable for clinical judgments and
decisions and the maintenance of the highest quality and standards of
practice when a speech-language pathology assistant is utilized.
  SEC. 33.3.  Section 2565 of the Business and Professions Code is
amended to read:
   2565.  The amount of fees prescribed in connection with the
registration of dispensing opticians shall be as set forth in this
section unless a lower fee is fixed by the division:
   (a) The initial registration fee is one hundred dollars ($100).
   (b) The renewal fee is one hundred dollars ($100).
   (c) The delinquency fee is twenty-five dollars ($25).
   (d) The fee for replacement of a lost, stolen, or destroyed
certificate is twenty-five dollars ($25).
   This section shall become operative on January 1, 1988.
  SEC. 34.  Section 2566 of the Business and Professions Code is
amended to read:
   2566.  The amount of fees prescribed in connection with
certificates for contact lens dispensers, unless a lower fee is fixed
by the division, is as follows:
   (a) The application fee for a registered contact lens dispenser
shall be one hundred dollars ($100).
   (b) The biennial fee for the renewal of certificates shall be
fixed by the division in an amount not to exceed one hundred dollars
($100).
   (c) The delinquency fee is twenty-five dollars ($25).
   (d) The division may by regulation provide for a refund of a
portion of the application fee to applicants who do not meet the
requirements for registration.
   (e) The fee for replacement of a lost, stolen, or destroyed
certificate is twenty-five dollars ($25).
   This section shall become operative on January 1, 1988.
  SEC. 35.  Section 2566.1 of the Business and Professions Code is
amended to read:
   2566.1.  The amount of fees prescribed in connection with
certificates for spectacle lens dispensers shall be as set forth in
this section unless a lower fee is fixed by the division:
   (a) The initial registration fee is one hundred dollars ($100).
   (b) The renewal fee shall be one hundred dollars ($100).
   (c) The delinquency fee is twenty-five dollars ($25).
   (d) The fee for replacement of a lost, stolen or destroyed
certificate is twenty-five dollars ($25).
  SEC. 36.  Section 2770.2 of the Business and Professions Code is
amended to read:
   2770.2.  One or more diversion evaluation committees is hereby
created in the state to be established by the board.  Each committee
shall be composed of five persons appointed by the board.  No board
member shall serve on any committee.
   Each committee shall have the following composition:
   (a) Three registered nurses, holding active California licenses,
who have demonstrated expertise in the field of chemical dependency
or psychiatric nursing.
   (b) One physician, holding an active California license, who
specializes in the diagnosis and treatment of addictive diseases or
mental illness.
   (c) One public member who is knowledgeable in the field of
chemical dependency or mental illness.
   It shall require a majority vote of the board to appoint a person
to a committee.  Each appointment shall be at the pleasure of the
board for a term not to exceed four years.  In its discretion the
board may stagger the terms of the initial members appointed.
  SEC. 37.  Section 2770.8 of the Business and Professions Code is
amended to read:
   2770.8.  Each committee shall have the following duties and
responsibilities:
   (a) To evaluate those registered nurses who request participation
in the program according to the guidelines prescribed by the board.
   (b) To review and designate those treatment services to which
registered nurses in a diversion program may be referred.
   (c) To receive and review information concerning a registered
nurse participating in the program.
   (d) To consider in the case of each registered nurse participating
in a program whether he or she may with safety continue or resume
the practice of nursing.
   (e) To call meetings as necessary to consider the requests of
registered nurses to participate in a diversion program, and to
consider reports regarding registered nurses participating in a
program.
   (f) To set forth in writing for each registered nurse
participating in a program a rehabilitation program established for
that registered nurse with the requirements for supervision and
surveillance.
  SEC. 38.  Section 2770.11 of the Business and Professions Code is
amended to read:
   2770.11.  (a) Each registered nurse who requests participation in
a diversion program shall agree to cooperate with the rehabilitation
program designed by a committee.  Any failure to comply with the
provisions of a rehabilitation program may result in termination of
the registered nurse's participation in a program.  The name and
license number of a registered nurse who is terminated for any
reason, other than successful completion, shall be reported to the
board's enforcement program.
   (b) If a committee determines that a registered nurse, who is
terminated from the program, presents a threat to the public or his
or her own health and safety, the committee shall report the name and
license number, along with a copy of all diversion records for that
registered nurse, to the board's enforcement program.  The board may
use any of the records it receives under this subdivision in any
disciplinary proceeding.
  SEC. 39.  Section 2770.12 of the Business and Professions Code is
repealed.
  SEC. 39.1.  Section 2770.12 is added to the Business and
Professions Code, to read:
   2770.12.  (a) After a committee in its discretion has determined
that a registered nurse has successfully completed the diversion
program, all records pertaining to the registered nurse's
participation in the diversion program shall be purged.
   (b) All board and committee records and records of a proceeding
pertaining to the participation of a registered nurse in the
diversion program shall be kept confidential and are not subject to
discovery or subpoena, except as specified in subdivision (b) of
Section 2770.11 and subdivision (c).
   (c) A registered nurse shall be deemed to have waived any rights
granted by any laws and regulations relating to confidentiality of
the diversion program, if he or she does any of the following:
   (1) Presents information relating to any aspect of the diversion
program during any stage of the disciplinary process subsequent to
the filing of an accusation, statement of issues, or petition to
compel an examination pursuant to Article 12.5 (commencing with
Section 820) of Chapter 1.  The waiver shall be limited to
information necessary to verify or refute any information disclosed
by the registered nurse.
   (2) Files a lawsuit against the board relating to any aspect of
the diversion program.
   (3) Claims in defense to a disciplinary action, based on a
complaint that led to the registered nurse's participation in the
diversion program, that he or she was prejudiced by the length of
time that passed between the alleged violation and the filing of the
accusation.  The waiver shall be limited to information necessary to
document the length of time the registered nurse participated in the
diversion program.
  SEC. 40.  Section 2770.13 of the Business and Professions Code is
amended to read:
   2770.13.  The board shall provide for the legal representation of
any person making reports under this article to a committee or the
board in any action for defamation directly resulting from those
reports regarding a registered nurse's participation in a diversion
program.
  SEC. 41.  Section 2770.14 of the Business and Professions Code is
amended to read:
   2770.14.  (a) The board shall produce reports which include, but
are not limited to, information concerning the number of cases
accepted, denied, or terminated with compliance or noncompliance.
   (b) The board shall conduct a periodic cost analysis of the
program.
  SEC. 41.2.  Section 2843 of the Business and Professions Code is
amended to read:
   2843.  Members of the board shall be appointed for a term of four
years.  Vacancies occurring shall be filled by appointment for the
unexpired term.
   Appointments to the office shall be for a term of four years
expiring on June 1st.
   The Governor shall appoint four of the public members and the
licensed members of the board qualified as provided in Section 2842.
The Senate Rules Committee and the Speaker of the Assembly shall
each appoint a public member, and their initial appointment shall be
made to fill, respectively, the first and second public member
vacancies which occur on or after January 1, 1983.
             SEC. 42.  Section 2895 of the Business and Professions
Code is amended to read:
   2895.  The amount of the fees prescribed by this chapter in
connection with the issuance of licenses under its provisions is that
fixed by the following schedule:
   (a) The fee to be paid upon the filing of an application shall be
in an amount not less than seventy-five dollars ($75) and may be
fixed by the board at an amount no more than one hundred fifty
dollars ($150).
   (b) The fee to be paid for taking each examination shall be the
actual cost to purchase the examination from a vendor approved by the
board.
   (c) The fee to be paid for any examination after the first shall
be in an amount not less than seventy-five dollars ($75) and may be
fixed by the board at an amount no more than one hundred fifty
dollars ($150).
   (d) The biennial renewal fee to be paid upon the filing of an
application for renewal shall be in an amount not less than one
hundred dollars ($100) and may be fixed by the board at an amount no
more than one hundred fifty dollars ($150).
   (e) Notwithstanding Section 163.5, the delinquency fee for failure
to pay the biennial renewal fee within the prescribed time shall be
in an amount not less than fifty dollars ($50) and may be fixed by
the board at not more than 50 percent of the regular renewal fee and
in no case more than seventy-five dollars ($75).
   (f) The initial license fee is an amount equal to the biennial
renewal fee in effect on the date the application for the license is
filed.
   (g) The fee to be paid for an interim permit shall be in an amount
not less than forty dollars ($40) and may be fixed by the board at
an amount no more than fifty dollars ($50).
   (h) The fee to be paid for a duplicate license shall be in an
amount not less than twenty-five dollars ($25) and may be fixed by
the board at an amount no more than fifty dollars ($50).
   (i) The fee to be paid for processing endorsement papers to other
states shall be in an amount not less than seventy-five dollars ($75)
and may be fixed by the board at an amount no more than one hundred
dollars ($100).
   No further fee shall be required for a license or a renewal
thereof other than as prescribed by this chapter.
  SEC. 43.  Section 2960 of the Business and Professions Code is
amended to read:
   2960.  The board may refuse to issue any registration or license,
or may issue a registration or license with terms and conditions, or
may suspend or revoke the registration or license of any registrant
or licensee if the applicant, registrant, or licensee has been guilty
of unprofessional conduct.  Unprofessional conduct shall include,
but not be limited to:
   (a) Conviction of a crime substantially related to the
qualifications, functions or duties of a psychologist or
psychological assistant.
   (b) Use of any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or
dangerous drug, or any alcoholic beverage to an extent or in a manner
dangerous to himself or herself, any other person, or the public, or
to an extent that this use impairs his or her ability to perform the
work of a psychologist with safety to the public.
   (c) Fraudulently or neglectfully misrepresenting the type or
status of license or registration actually held.
   (d) Impersonating another person holding a psychology license or
allowing another person to use his or her license or registration.
   (e) Using fraud or deception in applying for a license or
registration or in passing the examination provided for in this
chapter.
   (f) Paying, or offering to pay, accepting, or soliciting any
consideration, compensation, or remuneration, whether monetary or
otherwise, for the referral of clients.
   (g) Violating Section 17500.
   (h) Willful, unauthorized communication of information received in
professional confidence.
   (i) Violating any rule of professional conduct promulgated by the
board and set forth in regulations duly adopted under this chapter.
   (j) Being grossly negligent in the practice of his or her
profession.
   (k) Violating any of the provisions of this chapter or regulations
duly adopted thereunder.
   (l) The aiding or abetting of any person to engage in the unlawful
practice of psychology.
   (m) The suspension, revocation or imposition of probationary
conditions by another state or country of a license or certificate to
practice psychology or as a psychological assistant issued by that
state or country to a person also holding a license or registration
issued under this chapter if the act for which the disciplinary
action was taken constitutes a violation of this section.
   (n) The commission of any dishonest, corrupt, or fraudulent act.
   (o) Commencing January 1, 1999, until January 1, 2001, any act of
sexual abuse, or sexual relations with a patient or former patient
within two years following termination of therapy, or sexual
misconduct that is substantially related to the qualifications,
functions or duties of a psychologist or psychological assistant or
registered psychologist.
   On and after January 1, 2001, any act of sexual abuse, or sexual
relations with a patient, or sexual misconduct that is substantially
related to the qualifications, functions, or duties of a
psychologist, psychological assistant, or registered psychologist.
   (p) Functioning outside of his or her particular field or fields
of competence as established by his or her education, training, and
experience.
   (q) Willful failure to submit, on behalf of an applicant for
licensure, verification of supervised experience to the board.
   (r) Repeated acts of negligence.
   The board shall study and report to the Legislature on or before
July 1, 2000, concerning the efficacy of the prohibition contained in
subdivision (o).
  SEC. 44.  Section 4022 of the Business and Professions Code is
amended to read:
   4022.  "Dangerous drug" or "dangerous device" means any drug or
device unsafe for self-use, except veterinary drugs that are labeled
as such, and includes the following:
   (a) Any drug that bears the legend:  "Caution:  federal law
prohibits dispensing without prescription," "Rx only," or words of
similar import.
   (b) Any device that bears the statement:  "Caution:  federal law
restricts this device to sale by or on the order of a ____," "Rx
only," or words of similar import, the blank to be filled in with the
designation of the practitioner licensed to use or order use of the
device.
   (c) Any other drug or device that by federal or state law can be
lawfully dispensed only on prescription or furnished pursuant to
Section 4006.
  SEC. 45.  Section 4040.5 is added to the Business and Professions
Code, to read:
   4040.5.  "Reverse distributor" means every person who acts as an
agent for pharmacies, drug wholesalers, manufacturers, and other
entities by receiving, inventorying, and managing the disposition of
outdated or nonsalable dangerous drugs.
  SEC. 46.  Section 4043 of the Business and Professions Code is
amended to read:
   4043.  "Wholesaler" means and includes every person who acts as a
wholesale merchant, broker, jobber, customs broker, reverse
distributor, or agent, who sells for resale, or negotiates for
distribution, or takes possession of, any drug or device included in
Section 4022.  Unless otherwise authorized by law, a wholesaler may
not store, warehouse, or authorize the storage or warehousing of
drugs with any person or at any location not licensed by the board.

  SEC. 47.  Section 4057 of the Business and Professions Code is
amended to read:
   4057.  (a) Except as provided in Sections 4006, 4240, and 4342,
this chapter does not apply to the retail sale of nonprescription
drugs that are not subject to Section 4022 and that are packaged or
bottled in the manufacturer's or distributor's container and labeled
in accordance with applicable federal and state drug labeling
requirements.
   (b) This chapter does not apply to specific dangerous drugs and
dangerous devices listed in board regulations, where the sale or
furnishing is made to any of the following:
   (1) A physician, dentist, podiatrist, pharmacist, medical
technician, medical technologist, optometrist, or chiropractor
holding a currently valid and unrevoked license and acting within the
scope of his or her profession.
   (2) A clinic, hospital, institution, or establishment holding a
currently valid and unrevoked license or permit under Division 2
(commencing with Section 1200) of the Health and Safety Code, or
Chapter 2 (commencing with Section 3300) of Division 3 of, or Part 2
(commencing with Section 6250) of Division 6 of, the Welfare and
Institutions Code.
   (c) This chapter shall not apply to a home health agency licensed
under Chapter 8 (commencing with Section 1725) of, or a hospice
licensed under Chapter 8.5 (commencing with Section 1745) of,
Division 2 of, the Health and Safety Code, when it purchases, stores,
furnishes, or transports specific dangerous drugs and dangerous
devices listed in board regulations in compliance with applicable law
and regulations including:
   (1) Dangerous devices described in subdivision (b) of Section
4022, as long as these dangerous devices are furnished only upon the
prescription or order of a physician, dentist, or podiatrist.
   (2) Hypodermic needles and syringes.
   (3) Irrigation solutions of 50 cubic centimeters or greater.
   (d) This chapter does not apply to the storage of devices in
secure central or ward supply areas of a clinic, hospital,
institution, or establishment holding a currently valid and unrevoked
license or permit pursuant to Division 2 (commencing with Section
1200) of the Health and Safety Code, or pursuant to Chapter 2
(commencing with Section 3300) of Division 3 of, or Part 2
(commencing with Section 6250) of Division 6 of, the Welfare and
Institutions Code.
   (e) This chapter does not apply to the retail sale of vitamins,
mineral products, or combinations thereof or to foods, supplements,
or nutrients used to fortify the diet of humans or other animals or
poultry and labeled as such that are not subject to Section 4022 and
that are packaged or bottled in the manufacturer's or distributor's
container and labeled in accordance with applicable federal and state
labeling requirements.
   (f) This chapter does not apply to the furnishing of dangerous
drugs and dangerous devices to recognized schools of nursing.  These
dangerous drugs and dangerous devices shall not include controlled
substances.  The dangerous drugs and dangerous devices shall be used
for training purposes only, and not for the cure, mitigation, or
treatment of disease in humans.  Recognized schools of nursing for
purposes of this subdivision are those schools recognized as training
facilities by the California Board of Registered Nursing.
  SEC. 48.  Section 4078 of the Business and Professions Code is
amended to read:
   4078.  (a) (1) No person shall place a false or misleading label
on a prescription.
   (2) No prescriber shall direct that a prescription be labeled with
any information that is false or misleading.
   (b) Notwithstanding subdivision (a), a person may label a
prescription, or a prescriber may direct that a prescription be
labeled, with information about the drug that is false under either
of the following circumstances:
   (1) If the labeling is a necessary part of a clinical or
investigational drug program approved by the federal Food and Drug
Administration or a legitimate investigational drug project involving
a drug previously approved by the federal Food and Drug
Administration.
   (2) If, in the medical judgment of the prescriber, the labeling is
appropriate for the proper treatment of the patient.
   (c) The furnisher of a prescription labeled pursuant to
subdivision (b) shall make, and retain for three years from the date
of making, a record stating the manner in which the information on
the prescription label varies from the actual drug in the container
and documenting the order of the prescriber to so label the
container.  The prescriber shall make, and retain for at least three
years, a record of his or her order to so label the container.
  SEC. 49.  Section 4102 of the Business and Professions Code is
amended to read:
   4102.  Notwithstanding Section 2038 or any other provision of law,
a pharmacist  may perform skin puncture in the course of performing
routine patient assessment procedures.  For purposes of this section,
"routine patient assessment procedures" means (a) procedures that a
patient could, with or without a prescription, perform for himself or
herself, and (b) clinical laboratory tests that are classified as
waived or moderate pursuant to the federal Clinical Laboratory
Improvement Amendments of 1988 (42 U.S.C.  Sec. 263a) and the
regulations adopted thereunder by the federal Health Care Financing
Administration, as authorized by paragraph (11) of subdivision (a)
and paragraph (13) of subdivision (b) of Section 1206.5.  A
pharmacist performing these functions shall, at the direction of the
patient, report the results obtained from a blood test to the patient
and the patient's physician of choice.  Any pharmacist who performs
the service authorized by this section shall not be in violation of
Section 2052.
  SEC. 50.  Section 4115.5 of the Business and Professions Code is
amended to read:
   4115.5.  (a) Notwithstanding any other provision of law, a
pharmacy technician student may be placed in a pharmacy as a pharmacy
technician trainee to complete an externship for the purpose of
obtaining practical training that is required by the board as a
condition of becoming registered as a pharmacy technician.  A
"pharmacy technician student" is a person who is enrolled in a
pharmacy technician training program operated by a California public
postsecondary education institution or by a private postsecondary
vocational institution approved by the Bureau for Private
Postsecondary and Vocational Education.
   (b) (1) A pharmacy technician trainee participating in an
externship as described in subdivision (a) may perform the duties
described in subdivision (a) of Section 4115 only under the
immediate, personal supervision and control of a pharmacist.  A
pharmacist supervising a pharmacy technician trainee shall be on the
premises and have the trainee within his or her view at any time the
trainee performs the duties described in subdivision (a) of Section
4115.
   (2) A pharmacist supervising a pharmacy technician trainee
participating in an externship as described in subdivision (a) shall
be directly responsible for the conduct of the trainee.
   (3) A pharmacist supervising a pharmacy technician trainee
participating in an externship as described in subdivision (a) shall
verify any prescription prepared by the trainee under supervision of
the pharmacist by initialing the prescription label before the
medication is disbursed to a patient.
   (4) No more than one pharmacy technician trainee per pharmacist
may participate in an externship as described in subdivision (a)
under the immediate, personal supervision and control of that
pharmacist at any time the trainee is present in the pharmacy.
   (5) A pharmacist supervising a pharmacy technician trainee
participating in an externship as described in subdivision (a) shall
certify attendance for the pharmacy technician trainee and certify
that the pharmacy technician trainee has met the educational
objectives established by California public postsecondary education
institution or the private postsecondary vocational institution in
which the trainee is enrolled, as established by the institution.
   (c) (1) Except as described in paragraph (2), an externship in
which a pharmacy technician trainee is participating as described in
subdivision (a) shall be for a period of no more than 120 hours.
   (2) When an externship in which a pharmacy technician trainee is
participating as described in subdivision (a) involves rotation
between a community and hospital pharmacy for the purpose of training
the student in distinct practice settings, the externship may be for
a period of up to 320 hours.  No more than 120 of the 320 hours may
be completed in a community pharmacy setting or in a single
department in a hospital pharmacy.
   (d) An externship in which a pharmacy technician trainee may
participate as described in subdivision (a) shall be for a period of
no more than six consecutive months in a community pharmacy and for a
total of no more than 12 months if the externship involves rotation
between a community and hospital pharmacy.  The externship shall be
completed while the trainee is enrolled in a course of instruction at
the institution.
   (e) A pharmacy technician trainee participating in an externship
as described in subdivision (a) shall wear identification that
indicates his or her student status.
  SEC. 51.  Section 4200.5 of the Business and Professions Code is
amended to read:
   4200.5.  (a) The board shall issue, upon application and payment
of the fee established by Section 4400, a retired license to a
pharmacist who has been licensed by the board for 20 years or longer,
and who holds a license that is current and capable of being renewed
pursuant to Section 4401, that is not suspended, revoked, or
otherwise disciplined, or subject to pending discipline, under this
chapter.
   (b) The holder of a retired license issued pursuant to this
section shall not engage in any activity for which an active
pharmacist's license is required.  A pharmacist holding a retired
license shall be permitted to use the titles "retired pharmacist" or
"pharmacist, retired."
   (c) The holder of a retired license shall not be required to renew
that license.
   (d) In order for the holder of a retired license issued pursuant
to this section to restore his or her license to active status, he or
she shall pass the examination that is required for initial
licensure with the board.
  SEC. 52.  Section 4202 of the Business and Professions Code is
amended to read:
   4202.  (a) An applicant for registration as a pharmacy technician
shall be issued a certificate of registration if he or she is a high
school graduate or possesses a general education development
equivalent, and meets any one of the following requirements:
   (1) Has obtained an Associate of Arts degree in a field of study
directly related to the duties performed by a pharmacy technician.
   (2) Has completed a course of training specified by the board.
   (3) Is eligible to take the board's pharmacist licensure
examination, but has not been licensed by the board as a pharmacist.
Once licensed as a pharmacist, the pharmacy technician registration
is no longer valid and the pharmacy technician certificate of
registration must be returned to the board within 15 days.
   (4) Has provided satisfactory proof to the board of one year's
experience performing the tasks specified in subdivision (a) of
Section 4115 while employed or utilized as a pharmacy technician to
assist in the filling of prescriptions for an inpatient of a
hospital, for an inmate of a correctional facility, or experience
deemed equivalent by the board.
   (b) The board shall adopt regulations pursuant to this section for
the registration of pharmacy technicians and for the specification
of training courses as set out in paragraph (2) of subdivision (a).
Proof of the qualifications of any applicant for registration as a
pharmacy technician shall be made to the satisfaction of the board
and shall be substantiated by any evidence as may be required by the
board.
   (c) The board shall conduct a criminal background check of the
applicant to determine if an applicant has committed acts that would
constitute grounds for denial of registration, pursuant to this
chapter or Chapter 2 (commencing with Section 480) of Division 1.5.
   (d) The board may suspend or revoke any registration issued
pursuant to this section on any ground specified in Section 4301.
  SEC. 53.  Section 4402 of the Business and Professions Code is
amended to read:
   4402.  (a) Any pharmacist license that is not renewed within three
years following its expiration may not be renewed, restored, or
reinstated and shall be canceled by operation of law at the end of
the three-year period.
   (b) (1) Any pharmacist whose license is canceled pursuant to
subdivision (a) may obtain a new license if he or she takes and
passes the examination that is required for initial license with the
board.
   (2) The board may impose conditions on any license issued pursuant
to this section, as it deems necessary.
   (c) A license that has been revoked by the board under former
Section 4411 shall be deemed canceled three years after the board's
revocation action, unless the board has acted to reinstate the
license in the interim.
   (d) This section shall not affect the authority of the board to
proceed with any accusation that has been filed prior to the
expiration of the three-year period.
   (e) Any other license issued by the board may be canceled by the
board if the license is not renewed within 60 days after its
expiration.  Any license canceled under this subdivision may not be
reissued.  Instead, a new application will be required.
  SEC. 54.  Section 4518 of the Business and Professions Code is
amended to read:
   4518.  In the event the board adopts a continuing education
program, the board may collect a biennial fee as prescribed under
Section 4548 from any provider of a course in continuing education
who requests approval by the board of the course for purposes of
continuing education requirements adopted by the board.  The fee,
however, shall in no event exceed the cost required for the board to
administer the approval of continuing education courses by continuing
education providers.
  SEC. 55.  Section 4548 of the Business and Professions Code is
amended to read:
   4548.  The amount of the fees prescribed by this chapter in
connection with the issuance of licenses under its provisions shall
be according to the following schedule:
   (a) The fee to be paid upon the filing of an application shall be
in an amount not less than one hundred dollars ($100), and may be
fixed by the board at an amount no more than one hundred fifty
dollars ($150).
   (b) The fee to be paid for taking each examination shall be the
actual cost to purchase an examination from a vendor approved by the
board.
   (c) The fee to be paid for any examination after the first shall
be in an amount of not less than one hundred dollars ($100), and may
be fixed by the board at an amount no more than one hundred fifty
dollars ($150).
   (d) The biennial renewal fee to be paid upon the filing of an
application for renewal shall be in an amount not less than two
hundred forty dollars ($240), and may be fixed by the board at an
amount no more than three hundred dollars ($300).
   (e) Notwithstanding Section 163.5, the delinquency fee for failure
to pay the biennial renewal fee within the prescribed time shall be
in an amount not less than one hundred twenty dollars ($120) and may
be fixed by the board at not more than 50 percent of the regular
renewal fee and in no case more than one hundred fifty dollars
($150).
   (f) The initial license fee is an amount equal to the biennial
renewal fee in effect on the date the application for the license is
filed.
   (g) The fee to be paid for an interim permit shall be in an amount
no less than twenty dollars ($20) and may be fixed by the board at
an amount no more than fifty dollars ($50).
   (h) The fee to be paid for a duplicate license shall be in an
amount not less than twenty dollars ($20) and may be fixed by the
board at an amount no more than fifty dollars ($50).
   (i) The fee to be paid for processing endorsement papers to other
states shall be in an amount not less than twenty dollars ($20) and
may be fixed by the board at an amount no more than fifty dollars
($50).
   (j) The fee to be paid for postlicensure certification in blood
withdrawal shall be in an amount not less than twenty dollars ($20)
and may be fixed by the board at an amount no more than fifty dollars
($50).
   (k) The biennial fee to be paid upon the filing of an application
for renewal for a provider of an approved continuing education course
or a course to meet the certification requirements for blood
withdrawal shall be in an amount not less than one hundred fifty
dollars ($150), and may be fixed by the board at an amount no more
than two hundred dollars ($200).
  SEC. 56.  Section 4927 of the Business and Professions Code is
amended to read:
   4927.  As used in this chapter, unless the context otherwise
requires:
   (a) "Board" means the Acupuncture "Board".
   (b) "Person" means any individual, organization, or corporate
body, except that only individuals may be licensed under this
chapter.
   (c) "Acupuncturist" means an individual to whom a license has been
issued to practice acupuncture pursuant to this chapter, which is in
effect and is not suspended or revoked.
   (d) "Acupuncture" means the stimulation of a certain point or
points on or near the surface of the body by the insertion of needles
to prevent or modify the perception of pain or to normalize
physiological functions, including pain control, for the treatment of
certain diseases or dysfunctions of the body and includes the
techniques of electroacupuncture, cupping, and moxibustion.
  SEC. 57.  Section 4929 of the Business and Professions Code is
amended to read:
   4929.  Four members of the board shall be acupuncturists with at
least five years of experience in acupuncture and not licensed as
physicians and surgeons, one member of the board shall be a physician
and surgeon licensed in this state with two years of experience in
acupuncture, and four members shall be public members who do not hold
a license or certificate as a physician and surgeon or
acupuncturist.
   The Governor shall appoint the four acupuncturist members
qualified as provided in this section, who shall be appointed to
represent a cross section of the cultural backgrounds of licensed
members of the acupuncturist profession, two of the public members,
and the one licensed physician and surgeon member qualified as
provided in this section.  All members appointed to the board by the
Governor shall be subject to confirmation by the Senate.  The Senate
Rules Committee and the Speaker of the Assembly shall each appoint a
public member.  Any member of the board may be removed by the
appointing power for neglect of duty, misconduct, or malfeasance in
office, after being provided with a written statement of the charges
and an opportunity to be heard.
                                                SEC. 58.  Section
4929.5 of the Business and Professions Code is amended to read:
   4929.5.  In the reduction of the membership of the board or a
successor board or entity from 11 to 9 members, the following
transition provisions shall apply:
   (a) Upon the first expiration, after January 1, 1999, of the term
of a physician and surgeon member, the board shall be reduced to 10
members, five of whom shall be acupuncturist members, one of whom
shall be a physician and surgeon, and four of whom shall be public
members.  Notwithstanding any other provision of law, the term of
that physician and surgeon member shall not be extended for any
reason.
   (b) Upon the first expiration, after January 1, 2000, of the term
of an acupuncturist member, the board shall be reduced to nine
members, four of whom shall be acupuncturist members, one of whom
shall be a physician and surgeon, and four of whom shall be public
members.  Notwithstanding any other provision of law, the term of
that acupuncturist member shall not be extended for any reason.
  SEC. 59.  Section 4930 of the Business and Professions Code is
amended to read:
   4930.  Each member of the board shall be appointed for a term of
four years.
  SEC. 60.  Section 4931 of the Business and Professions Code is
amended to read:
   4931.  Each member of the board shall receive per diem and
expenses as provided in Section 103.
  SEC. 61.  Section 4933 of the Business and Professions Code is
amended to read:
   4933.  (a) The board shall administer this chapter.
   (b) The board may adopt, amend, or repeal, in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
regulations as may be necessary to enable it to carry into effect the
provisions of law relating to the practice of acupuncture.
   (c) A majority of the appointed members of the board shall
constitute a quorum to conduct business.
   (d) It shall require an affirmative vote of a majority of those
present at a meeting of the board to take any action or pass any
motion.
  SEC. 62.  Section 4934 of the Business and Professions Code is
amended to read:
   4934.  The board shall employ personnel necessary for the
administration of this chapter; however, the board may appoint an
executive officer who is exempt from the provisions of the Civil
Service Act.
  This section shall become inoperative on July 1, 2003, and, as of
January 1, 2004, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2004, deletes or extends
the dates on which it becomes inoperative and is repealed.
   The repeal of this section renders the board subject to the review
required by Division 1.2 (commencing with Section 473).
  SEC. 63.  Section 4935 of the Business and Professions Code is
amended to read:
   4935.  (a) Any person who practices acupuncture or holds himself
or herself out as practicing or engaging in the practice of
acupuncture, unless he or she possesses a current and valid
acupuncturist's license, is guilty of a misdemeanor.
   (b) Notwithstanding any other provision of law, any person, other
than a physician and surgeon, a dentist, or a podiatrist, who is not
licensed under this article but is licensed under Division 2
(commencing with Section 500), who practices acupuncture involving
the application of a needle to the human body, performs any
acupuncture technique or method involving the application of a needle
to the human body, or directs, manages, or supervises another person
in performing acupuncture involving the application of a needle to
the human body is guilty of a misdemeanor.
   (c) A person holds himself or herself out as engaging in the
practice of acupuncture by the use of any title or description of
services incorporating the words "acupuncture," "acupuncturist,"
"certified acupuncturist," "licensed acupuncturist," "oriental
medicine," or any combination of those words, phrases, or
abbreviations of those words or phrases, or by representing that he
or she is trained, experienced, or an expert in the field of
acupuncture, oriental medicine, or Chinese medicine.
   (d) Subdivision (a) shall not prohibit a person from administering
acupuncture treatment as part of his or her educational training
when he or she:
   (1) Is engaged in a course or tutorial program in acupuncture, as
provided in this chapter; or
   (2) Is a graduate of a school of acupuncture approved by the board
and participating in a postgraduate review course that does not
exceed six months in duration at a school approved by the board.
  SEC. 64.  Section 4940 of the Business and Professions Code is
amended to read:
   4940.  (a) The board shall establish standards for the approval of
tutorial programs for education and training in the practice of
acupuncture, that satisfy the requirements of Section 4938.  The
board shall also establish standards for the approved supervising
acupuncturists.
   (b) An acupuncturist shall be approved to supervise a trainee,
provided the supervisor meets the following conditions:
   (1) Is licensed to practice acupuncture in this state and that
license is current, valid, and has not been suspended or revoked or
otherwise subject to disciplinary action.
   (2) Has filed an application with the board.
   (3) Files with the board the name of each trainee to be trained or
employed and a training program satisfactory to the board.
   (4) Does not train or employ more than two acupuncture trainees at
any one time.
   (5) Has at least 10 years of experience practicing as an
acupuncturist and has been licensed in this state for at least five
years.
   (6) Is found by the board to have the knowledge necessary to
educate and train the trainee in the practice of an acupuncturist.
   The amendments made to this section at the 1993 portion of the
1993-94 Regular Session of the Legislature shall not affect the
approval of any supervising acupuncturist which has been issued prior
to the effective date of those amendments.
  SEC. 65.  Section 4941 of the Business and Professions Code is
amended to read:
   4941.  In reviewing applications for licensure based upon the
completion of a tutorial program in acupuncture, the board may
provide that credit is granted for relevant prior training and
experience when that training or experience otherwise meets the
standards set by the board.
  SEC. 66.  Section 4944 of the Business and Professions Code is
amended to read:
   4944.  (a) The board shall have the authority to investigate and
evaluate each and every applicant applying for a license to practice
acupuncture and to make the final determination of the admission of
the applicant to the examination, or for the issuance of a license,
in conformance with the provisions of this chapter.
   (b) The board shall investigate and evaluate each school or
college applying for approval under Section 4939 and may utilize and
contract with consultants to evaluate those training programs.
   (c) The board may delegate to the executive officer or other
official of the board its authority under this section in routine
matters.
  SEC. 67.  Section 4946 of the Business and Professions Code is
amended to read:
   4946.  The board shall report to the Legislature on the 31st day
of January each year on the nature and extent of the standards, test,
and experience requirements adopted pursuant to this chapter, as
well as statistical information relating to the total number of
persons certified under this chapter to that date and the number
certified within the preceding year.
   The report shall include recommendations for legislation if the
board considers legislation to be necessary.
  SEC. 68.  Section 4947 of the Business and Professions Code is
amended to read:
   4947.  (a) Nothing in this chapter shall be construed to prevent
the practice of acupuncture by a person licensed as a dentist or a
podiatrist, within the scope of their respective licenses, if the
licensee has received a course of instruction in acupuncture.  This
course material shall be approved by the licensing board having
jurisdiction over the licensee.  The board shall assist the licensing
boards in providing information as requested by the individual
licensing boards.
   (b) The course requirement set forth in subdivision (a) shall not
apply to a podiatrist or dentist who has completed a course in
acupuncture, including a continuing education course, and has
utilized acupuncture prior to July 1, 1982.
  SEC. 69.  Section 4955 of the Business and Professions Code is
amended to read:
   4955.  The board may deny, suspend, or revoke, or impose
probationary conditions upon, the license of any acupuncturist if he
or she is guilty of unprofessional conduct that has endangered or is
likely to endanger the health, safety, or welfare of the public.
   Unprofessional conduct shall include, but not be limited to, the
following:
   (a) Securing a license by fraud or deceit.
   (b) Committing a fraudulent or dishonest act as an acupuncturist
resulting in substantial injury to another.
   (c) Using any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or
dangerous drug or alcoholic beverage to an extent or in a manner
dangerous to himself or herself, or to any other person, or to the
public, and to an extent that the use impairs his or her ability to
engage in the practice of acupuncture with safety to the public.
   (d) Conviction of a crime substantially related to the
qualifications, functions, or duties of an acupuncturist, the record
of conviction being conclusive evidence thereof.
   (e) Improper advertising.
   (f) Violating or conspiring to violate the terms of this chapter.

   (g) Gross negligence.
   (h) Repeated negligent acts.
   (i) Incompetence.
   (j) Except for good cause, the knowing failure to protect patients
by failing to follow infection control guidelines of the board,
thereby risking transmission of blood-borne infectious diseases from
licensee to patient, from patient to patient, and from patient to
licensee.  In administering this subdivision, the board shall
consider referencing the standards, regulations, and guidelines of
the State Department of Health Services developed pursuant to Section
1250.11 of the Health and Safety Code and the standards,
regulations, and guidelines pursuant to the California Occupational
Safety and Health Act of 1973 (Part 1 (commencing with Section 6300)
of Division 5 of the Labor Code) for preventing the transmission of
HIV, hepatitis B, and other blood-borne pathogens in health care
settings.  As necessary, the committee shall consult with the Medical
Board of California, the California Board of Podiatric Medicine, the
Board of Dental Examiners of the State of California, the Board of
Registered Nursing, and the Board of Vocational Nursing and
Psychiatric Technicians, to encourage appropriate consistency in the
implementation of this subdivision.
   The board shall seek to ensure that licensees are informed of the
responsibility of licensees and others to follow infection control
guidelines, and of the most recent scientifically recognized
safeguards for minimizing the risk of transmission of blood-borne
infectious diseases.
   (k) The revocation, suspension, or other discipline, restriction,
or limitation imposed by another state upon a license or certificate
to practice acupuncture issued by that state, or the revocation,
suspension, or restriction of the authority to practice acupuncture
by an agency of the federal government, on grounds that would have
been grounds for disciplinary action in California of a licensee
under this chapter.
  SEC. 70.  Section 4956 of the Business and Professions Code is
amended to read:
   4956.  A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge which is substantially
related to the qualifications, functions, or duties of an
acupuncturist is deemed to be a conviction within the meaning of this
chapter.
   The board may order a license suspended or revoked, or may deny a
license, or may impose probationary conditions upon a license, when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal, or when an order granting probation is made
suspending the imposition of sentence irrespective of a subsequent
order under the provisions of Section 1203.4 of the Penal Code
allowing the person to withdraw his or her pleas of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, complaint, information, or indictment.

  SEC. 71.  Section 4959 of the Business and Professions Code is
amended to read:
   4959.  (a) The board may request the administrative law judge,
under his or her proposed decision in resolution of a disciplinary
proceeding before the board, to direct any licensee found guilty of
unprofessional conduct to pay to the board a sum not to exceed actual
and reasonable costs of the investigation and prosecution of the
case.
   (b) The costs to be assessed shall be fixed by the administrative
law judge and shall not in any event be increased by the board.  When
the board does not adopt a proposed decision and remands the case to
an administrative law judge, the administrative law judge shall not
increase the amount of any costs assessed in the proposed decision.
   (c) When the payment directed in the board's order for payment of
costs is not made by the licensee, the board may enforce the order
for payment in the superior court in the county where the
administrative hearing was held.  This right of enforcement shall be
in addition to any other rights the board may have as to any licensee
directed to pay costs.
   (d) In any judicial action for the recovery of costs, proof of the
board's decision shall be conclusive proof of the validity of the
order of payment and the terms for payment.
   (e) All costs recovered under this section shall be considered a
reimbursement for costs incurred and shall be deposited in the
Acupuncture Fund.
  SEC. 72.  Section 4960.5 of the Business and Professions Code is
amended to read:
   4960.5.  (a) A person whose license or registration has been
revoked, suspended, or surrendered, or who has been placed on
probation, may petition the board for reinstatement or modification
of penalty, including modification or termination of probation, after
a period of not less than the following minimum periods has elapsed
from the effective date of the decision ordering that disciplinary
action:
   (1) At least three years for reinstatement of a license revoked or
surrendered.
   (2) At least two years for early termination of probation of three
years or more.
   (3) At least two years for modification of a condition of
probation.
   (4) At least one year for early termination of probation of less
than three years.
   (b) The board may require an examination for that reinstatement.
   (c) Notwithstanding Section 489, a person whose application for a
license or registration has been denied by the board, for violations
of Division 1.5 (commencing with Section 475) of this chapter, may
reapply to the board for a license or registration only after a
period of three years has elapsed from the date of the denial.
  SEC. 73.  Section 4961 of the Business and Professions Code is
amended to read:
   4961.  (a) Every person who is now or hereafter licensed to
practice acupuncture in this state shall register, on forms
prescribed by the Acupuncture Board, his or her place of practice,
or, if he or she has more than one place of practice, all of the
places of practice.  If the licensee has no place of practice, he or
she shall notify the board of that fact.  A person licensed by the
board shall register within 30 days after the date of his or her
licensure.
   (b) An acupuncturist licensee shall post his or her license in a
conspicuous location in his or her place of practice at all times.
If an acupuncturist has more than one place of practice, he or she
shall obtain from the board a duplicate license for each additional
location and post the duplicate license at each location.
   (c) Any licensee that changes the location of his or her place of
practice shall register each change within 30 days of making that
change.  In the event a licensee fails to notify the board of any
change in the address of a place of practice within the time
prescribed by this section, the board may deny renewal of licensure.
An applicant for renewal of licensure shall specify in his or her
application whether or not there has been a change in the location of
his or her place of practice and, if so, the date of that change.
The board may accept that statement as evidence of the change of
address.
  SEC. 74.  Section 4963 of the Business and Professions Code is
amended to read:
   4963.  Whenever any person has engaged in an act or practice which
constitutes an offense against this chapter, a superior court of a
county on application of the board may issue an injunction or other
appropriate order restraining that conduct.  Proceedings under this
section shall be governed by Chapter 3 (commencing with Section 525)
of Title 7 of Part 2 of the Code of Civil Procedure.  The board may
commence action in such superior court under the provisions of this
section on its own motion and no undertaking shall be required in any
action commenced by the board.
  SEC. 75.  Section 4964 of the Business and Professions Code is
amended to read:
   4964.  The provisions of this article insofar as they are
substantially the same as provisions relating to the same subject
matter of any previous acupuncture licensure law shall be construed
as a restatement and continuation thereof, and not as a new
enactment.
  SEC. 76.  Section 4965 of the Business and Professions Code, as
amended by Section 18 of Chapter 983 of the Statutes of 1991, is
repealed.
  SEC. 77.  Section 4965 of the Business and Professions Code, as
added by Section 19 of Chapter 983 of the Statutes of 1991, is
amended to read:
   4965.  (a) Licenses issued pursuant to this chapter shall expire
on the last day of the birth month of the licensee during the second
year of a two-year term, if not renewed.
   (b) The board shall establish and administer a birth date renewal
program.
   (c) To renew an unexpired license, the holder shall apply for
renewal on a form provided by the board and pay the renewal fee fixed
by the board.
  SEC. 78.  Section 4966 of the Business and Professions Code is
amended to read:
   4966.  Except as provided in Section 4969, a license that has
expired may be renewed at any time within three years after its
expiration by filing of an application for renewal on a form provided
by the board, paying all accrued and unpaid renewal fees, and
providing proof of completing continuing education requirements.  If
the license is not renewed prior to its expiration, the
acupuncturist, as a condition precedent to renewal, shall also pay
the prescribed delinquency fee.  Renewal under this section shall be
effective on the date on which the application is filed, on the date
on which the renewal fee is paid, or on the date the delinquency fee
is paid, whichever occurs last.  If so renewed, the license shall
continue in effect through the expiration date provided in Section
4965, after the effective date of the renewal, when it shall expire
and become invalid if it is not again renewed.
  SEC. 79.  Section 4967 of the Business and Professions Code is
amended to read:
   4967.  A person who fails to renew his or her license within three
years after its expiration may not renew it, and it may not be
restored, reissued, or reinstated thereafter, but that person may
apply for and obtain a new license if he or she meets all of the
following requirements:
   (a) Has not committed any acts or crimes constituting grounds for
denial of licensure under Division 1.5 (commencing with Section 475).

   (b) Takes and passes the examination, if any, which would be
required of him or her if an initial application for licensure was
being made, or otherwise establishes to the satisfaction of the board
that, with due regard for the public interest, he or she is
qualified to practice as an acupuncturist.
   (c) Pays all of the fees that would be required if an initial
application for licensure was being made.  The board may provide for
the waiver or refund of all or any part of an examination fee in
those cases in which a license is issued without an examination
pursuant to this section.
  SEC. 80.  Section 4972 of the Business and Professions Code is
amended to read:
   4972.  Fees fixed by the board shall be set forth in regulations
duly adopted by the board.
  SEC. 81.  Section 4973 of the Business and Professions Code is
amended to read:
   4973.  A fee for the inspection or reinspection of a school or
college of acupuncture for purposes of approval or continued approval
shall be charged at an amount to recover the direct costs incurred
by the board in conducting that inspection and evaluation of the
school or college.
  SEC. 82.  Section 4975 of the Business and Professions Code is
amended to read:
   4975.  An acupuncture corporation is a corporation which is
authorized to render professional services, as defined in Section
13401 of the Corporations Code, so long as that corporation and its
shareholders, officers, directors, and employees rendering
professional services who are acupuncturists are in compliance with
the Moscone-Knox Professional Corporation Act, this article and all
other statutes and regulations now or hereafter enacted or adopted
pertaining to that corporation and the conduct of its affairs.
   With respect to an acupuncture corporation, the governmental
agency referred to in the Moscone-Knox Professional Corporation Act
is the Acupuncture Board.
  SEC. 83.  Section 4977 of the Business and Professions Code is
amended to read:
   4977.  An acupuncture corporation shall not do or fail to do any
act the doing of which or the failure to do which would constitute
unprofessional conduct under Article 4 (commencing with Section
4955).  In the conduct of its practice, it shall observe and be bound
by statutes and regulations to the same extent as a person holding a
license under this chapter.
  SEC. 84.  Section 4979 of the Business and Professions Code is
amended to read:
   4979.  The board may adopt and enforce regulations to carry out
the purposes and objectives of this article, including, but not
limited to, regulations requiring (a) that the bylaws of an
acupuncture corporation shall include a provision whereby the capital
stock of the corporation owned by a disqualified person (as defined
in Section 13401 of the Corporations Code), or a deceased person,
shall be sold to the corporation or to the remaining shareholders of
the corporation within the time the regulations may provide, and (b)
that an acupuncture corporation shall provide adequate security by
insurance or otherwise for claims against it by its patients arising
out of the rendering of professional services.
  SEC. 85.  Section 4984.9 is added to the Business and Professions
Code, to read:
   4984.9.  A licensee or registrant shall give written notice to the
board of a name change within 30 days after each change, giving both
the old and new names.  A copy of the legal document authorizing the
name change, such as a court order or marriage certificate, shall be
submitted with the notice.
  SEC. 86.  Section 4990.5 of the Business and Professions Code is
amended to read:
   4990.5.  Each member of the board, except the members first
appointed, shall be appointed for a term of four years and shall hold
office until the appointment and qualification of his or her
successor or until one year shall have elapsed since the expiration
of the term for which he or she was appointed, whichever first
occurs.  Vacancies occurring shall be filled by appointment for the
unexpired term.
   The Governor shall appoint four of the public members and the five
licensed members qualified as provided in Section 4990.3 with the
advice and consent of the Senate.  The Senate Rules Committee and the
Speaker of the Assembly shall each appoint a public member, and
their initial appointment shall be made to fill, respectively, the
first and second public member vacancies which occur on or after
January 1, 1983.
  SEC. 87.  Section 4992.8 is added to the Business and Professions
Code, to read:
   4992.8.  A licensee or registrant shall give written notice to the
board of a name change within 30 days after each change, giving both
the old and new names.  A copy of the legal document authorizing the
name change, such as a court order or marriage certificate, shall be
submitted with the notice.
  SEC. 88.  Section 4996.8 of the Business and Professions Code is
amended to read:
   4996.8.  The current renewal receipt shall be displayed near the
license.
  SEC. 89.  Section 12529 of the Government Code is amended to read:

   12529.  (a) There is in the Department of Justice the Health
Quality Enforcement Section.  The primary responsibility of the
section is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California including
all committees under the jurisdiction of the board or a division of
the board, including the Board of Podiatric Medicine, and the Board
of Psychology, and to provide ongoing review of the investigative
activities conducted in support of those prosecutions, as provided in
subdivision (b) of Section 12629.5.
   (b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section.  The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
   (c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the division or board.
   (d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, and the committees under
the                                            jurisdiction of the
Medical Board of California or a division of the board, and the Board
of Psychology, with the intent that the expenses be proportionally
shared as to services rendered.
  SEC. 90.  Section 12529.5 of the Government Code is amended to
read:
   12529.5.  (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California or the Board of Psychology shall be made available to the
Health Quality Enforcement Section.
   (b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the division and
the boards in intake and investigations and to direct
discipline-related prosecutions.  Attorneys shall be assigned to work
closely with each major intake and investigatory unit of the boards,
to assist in the evaluation and screening of complaints from receipt
through disposition and to assist in developing uniform standards
and procedures for the handling of complaints and investigations.
   A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff.
The Senior Assistant Attorney General and deputy attorneys general
working at his or her direction shall consult as appropriate with the
investigators of the boards, medical advisors, and executive staff
in the investigation and prosecution of disciplinary cases.
   (c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards, division, or allied health
committees, including the Board of Podiatric Medicine, in designing
and providing initial and in-service training programs for staff of
the division, boards, or allied health committees, including, but not
limited to, information collection and investigation.
   (d) The determination to bring a disciplinary proceeding against a
licensee of the division or the boards shall be made by the
executive officer of the division, the board, or allied health
committee, including the Board of Podiatric Medicine, or the Board of
Psychology, as appropriate in consultation with the senior
assistant.
  SEC. 91.  Section 11165 of the Health and Safety Code is amended to
read:
   11165.  (a) To assist law enforcement and regulatory agencies in
their efforts to control the diversion and resultant abuse of
Schedule II controlled substances, and for statistical analysis,
education, and research, the Department of Justice shall, contingent
upon the availability of adequate funds, establish the Controlled
Substance Utilization Review and Evaluation System (CURES) for the
electronic monitoring of the prescribing and dispensing of Schedule
II controlled substances by all practitioners authorized to prescribe
or dispense these controlled substances.  CURES shall be implemented
as a pilot project, commencing on July 1, 1997, to be administered
concurrently with the existing triplicate prescription process, to
examine the comparative efficiencies between the two systems.
   (b) The CURES pilot project shall operate under existing
provisions of law to safeguard the privacy and confidentiality of
patients.  Data obtained from CURES shall only be provided to
appropriate state, local, and federal persons or public agencies for
disciplinary, civil, or criminal purposes and to other agencies or
entities, as determined by the Department of Justice, for the purpose
of educating practitioners and others in lieu of disciplinary,
civil, or criminal actions.  Data may be provided to public or
private entities, as approved by the Department of Justice, for
educational, peer review, statistical, or research purposes, provided
that patient information, including any information that may
identify the patient, is not compromised.  Further, data disclosed to
any individual or agency as described in this subdivision, shall not
be disclosed, sold, or transferred to any third party.
   (c) The Department of Justice, in consultation with the Board of
Pharmacy, shall submit a report to the Legislature by January 1,
1999, with annual updates also due January 1, 2000, 2001, and 2002,
on the CURES pilot project.  Specifically, these reports shall assess
the ability of CURES to provide complete, accurate, and timely data
on Schedule II controlled substances prescribed and dispensed in
California, the effectiveness of this information in investigating
and prosecuting individuals suspected of diversion activities, and
the feasibility of replacing the current triple-copy prescription
form with a single-copy serialized prescription form to reduce
existing administrative burdens.  Further, the report shall make
recommendations regarding the replacement of the existing triplicate
prescription process with CURES, and funding alternatives for ongoing
system support.
   (d) The sum of one million fifty thousand dollars ($1,050,000) is
hereby appropriated from the Pharmacy Board Contingent Fund to the
Board of Pharmacy for the purpose of entering into an interagency
agreement with the Department of Justice for the implementation,
operation, and evaluation of CURES.
   (e) This section shall become inoperative on July 1, 2003, and, as
of January 1, 2004, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2004, deletes or
extends the dates on which it becomes inoperative and is repealed.
  SEC. 92.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
